BUNDHOO (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa was cancelled. The dispute arose because the applicant was not enrolled in a registered course of study, a requirement of her visa conditions. The applicant contended that her non-enrolment was due to financial difficulties, health issues, and emotional distress, and that she had continued to attend classes despite not being formally enrolled.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had failed to meet the requirement of being enrolled in a registered course, as stipulated by condition 8202(2)(a). If a breach 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 not complied with condition 8202(2)(a) as she was not enrolled in a registered course of study. While acknowledging the applicant's submissions regarding financial hardship, a past pregnancy termination, a hip injury, and the death of her grandfather, the Tribunal was not persuaded that these circumstances excused the breach. The Tribunal considered these matters in conjunction with government policy guidelines but ultimately concluded that the visa cancellation was warranted.

The Tribunal affirmed the decision to cancel the applicant's visa.