Bin Tariq (Migration)

This matter concerned an appeal by the applicant, Bin Tariq, against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose from the applicant's alleged failure to meet the requirements of condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically concerning satisfactory course progress. The decision under review was made by the Administrative Appeals Tribunal, presided over by Member Wendy Banfield.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance as certified by their education provider. If a breach of this condition was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had indeed breached condition 8202(3)(a) because his education provider, Charles Sturt University, had certified him as not achieving satisfactory course progress in accordance with section 19 of the Education Services for Overseas Students Act 2000 and standard 10 of the National Code. The Tribunal then considered its discretion to cancel the visa, taking into account the applicant's stated intention to study, his claims of family pressure and responsibility for his brother, and the potential hardship his visa cancellation might cause. Despite acknowledging some hardship, the Tribunal was not satisfied that the applicant had a compelling need to remain in Australia, noting he had applied to study elsewhere and had not demonstrated why he could not study in his home country. The Tribunal concluded that the certification of unsatisfactory course progress constituted a fundamental breach that weighed against the applicant.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.