Dhaliwal (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by the applicant, Mr. Dhaliwal. The dispute centred on whether the applicant had breached a condition of his visa and, if so, whether the decision to cancel that visa should be affirmed. The applicant appeared before the Tribunal to present his case.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth). Specifically, the Tribunal had to determine if the applicant had failed to maintain enrolment in a full-time registered course of study, as required by that condition. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under s 116(1) of the Migration Act 1958 (Cth).

The Tribunal found that the applicant had not been enrolled in a registered course of study since 28 August 2019, thereby breaching condition 8202(2)(a) of his visa. The applicant admitted to this non-compliance and acknowledged his responsibility for remaining without enrolment for over two years. While the Tribunal accepted the applicant's explanations regarding stress, a foot injury, and issues with his email, it found that these circumstances did not outweigh the established breach. The Tribunal noted that the applicant had obtained new Confirmation of Enrolment documents after the delegate's decision to cancel his visa. Balancing these factors, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant’s Class TU visa.