Dahal (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant sought to have the cancellation decision set aside.

The primary legal issue before the Tribunal was whether the applicant 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. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's submissions and relevant government policy guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) as he had ceased to be enrolled in a registered course from 6 November 2017, a fact he acknowledged. Despite the applicant's submissions detailing personal difficulties, including his mother's injury, adjustment issues, and depression, the Tribunal concluded that these circumstances did not outweigh the finding of non-compliance. The Tribunal affirmed the decision to cancel the applicant's visa.