Burra (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 500, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had remained enrolled in a registered course of study as required by subclause 8202(2). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's submissions and relevant government policy guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) because their enrolment in a registered course had been cancelled due to non-payment of fees. While the applicant provided reasons for this non-compliance, including medical conditions, family bereavement, and a fractured shoulder, the Tribunal concluded that these circumstances did not warrant the exercise of discretion to set aside the cancellation. The Tribunal noted that there was no evidence of a second hospitalisation or subjects passed, and ultimately affirmed the decision to cancel the applicant's visa.