Chaudhry (Migration)

This matter concerned an appeal by Mr Chaudhry against the cancellation of his Subclass 572 Vocational Education and Training Sector student visa. The primary dispute before the Administrative Appeals Tribunal (the Tribunal) was whether Mr Chaudhry had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course of study and to maintain satisfactory course progress and attendance. If a breach was found, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa.

The legal issues before the Tribunal were twofold: first, whether Mr Chaudhry had complied with condition 8202 of his visa; and second, if a breach was established, whether the discretion to cancel his visa should be exercised. Condition 8202, as relevant to Mr Chaudhry's visa, mandated enrolment in a registered course and satisfactory course progress and attendance. The cancellation was based on information indicating Mr Chaudhry had not been enrolled in a registered course since 8 December 2016.

The Tribunal found that Mr Chaudhry had breached condition 8202(2) of his visa because he was not enrolled in a registered course of study. In considering the discretion to cancel the visa, the Tribunal had regard to the circumstances of the breach, including Mr Chaudhry's explanation of a family emergency in Pakistan and his concerns about future applications and family health issues. However, the Tribunal concluded that the purpose of a student visa is to undertake study, and Mr Chaudhry's non-enrolment for a significant period meant he was not fulfilling this purpose. The Tribunal also noted the absence of compelling reasons for Mr Chaudhry to remain in or return to Australia, and that the applicant's non-compliance weighed in favour of cancellation.

Ultimately, the Tribunal affirmed the decision to cancel Mr Chaudhry's visa, finding that on balance, and considering all circumstances, the cancellation was warranted.