Cardenas (Migration)

The Administrative Appeals Tribunal considered the case of Mr Cardenas concerning the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The dispute arose because Mr Cardenas was alleged to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a full-time registered course.

The Tribunal was required to determine whether Mr Cardenas had complied with condition 8202 of the Regulations, specifically whether he had maintained enrolment in a full-time registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances presented by Mr Cardenas.

The Tribunal found that Mr Cardenas had not been enrolled in a registered course of study between 10 July 2019 and 10 June 2020, thereby breaching condition 8202(2)(a). While Mr Cardenas cited the deaths of two friends and an emotional breakdown as reasons for his lack of enrolment, the Tribunal noted inconsistencies in the dates provided regarding his friends' deaths and the absence of a formal medical diagnosis for any mental health issues. Although he had some psychological counselling and obtained new enrolment after receiving a notice to consider cancellation, the Tribunal concluded that these factors did not outweigh the established breach.

Consequently, the Tribunal affirmed the decision to cancel Mr Cardenas’s visa.