CHATARTH (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Chatarth* concerning the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant, Mr. Chatarth, sought review of the delegate's decision to cancel his visa. The primary ground for cancellation was Mr. Chatarth's failure to attend a hearing before the Tribunal, which the delegate considered a failure to comply with a condition of his visa, specifically the requirement to be enrolled in a registered course.

The Tribunal was required to determine whether the delegate had erred in cancelling Mr. Chatarth's visa. This involved assessing whether the delegate had properly considered the discretion available to them, particularly in light of the applicant's failure to attend the hearing and the delegate's finding that the purpose of the visa had not been fulfilled due to a substantial period of non-compliance. The Tribunal also had to consider whether the delegate's assessment of the applicant's circumstances and the impact of the cancellation was reasonable.

In its reasoning, the Tribunal affirmed the delegate's decision. It found that the delegate had correctly identified the grounds for cancellation and had properly exercised their discretion. The Tribunal noted that the applicant's failure to attend the hearing, coupled with the finding that he was not enrolled in a registered course, demonstrated a substantial period of non-compliance with the conditions of his visa. This non-compliance meant that the purpose for which the visa was granted had not been fulfilled. The Tribunal concluded that the delegate's decision to cancel the visa was open to them on the evidence before them and was not unreasonable.