Chaudhary (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Chaudhary, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, Subclass 500. The dispute centred on whether Mr. Chaudhary had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance.

The Tribunal was required to determine if Mr. Chaudhary had complied with condition 8202 of his visa. Specifically, the Tribunal had to ascertain whether he had remained enrolled in a registered course of study and whether his academic progress and attendance were satisfactory, as stipulated by the Regulations. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account relevant factors.

The Tribunal found that Mr. Chaudhary had not complied with condition 8202(2) as he had not been enrolled in a registered course of study since 6 August 2018, a fact he affirmed. While Mr. Chaudhary provided reasons for his lack of academic progress, including family bereavement, depression, relationship breakdown, and alcohol abuse, the Tribunal found these circumstances did not fall within the general rule that a visa should not be cancelled if the ground for cancellation arose from circumstances beyond the visa holder's control. The Tribunal also noted that Mr. Chaudhary provided no evidence of a compelling need to remain in Australia or of the hardship cancellation might cause, beyond some financial and emotional disappointment.

Ultimately, the Tribunal concluded that the visa should be cancelled, affirming the delegate's decision.