Dhanian (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant, a citizen of India, arrived in Australia in October 2015 with a visa valid until March 2020, intended for study. The visa was cancelled on the grounds that the applicant had breached a condition requiring him to be enrolled in a registered course. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant had indeed breached this condition and, if so, whether the cancellation decision should be affirmed.

The Tribunal was asked to consider whether the applicant had complied with condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course. The evidence indicated that the applicant was not enrolled in a registered course or a full-time course of study or training from 1 September 2017 to 11 June 2018. The applicant acknowledged this period of non-enrolment and did not dispute that he had failed to comply with condition 8202(2). Consequently, the Tribunal found that the grounds for cancellation under s 116(2)(b) of the Migration Act 1958 were established.

In considering the exercise of discretion regarding the cancellation, the Tribunal had regard to the circumstances of the case, including the applicant's submissions. The applicant cited personal issues in India and the recent deaths of two close friends as reasons for his inability to concentrate on his studies and his subsequent non-enrolment. He stated that these events had a significant mental impact, leading him to stay at home instead of attending college. Despite these personal difficulties, the Tribunal affirmed the decision to cancel the applicant's visa, finding that the grounds for cancellation were met and that the discretion to cancel was exercised appropriately in light of the significant period of non-enrolment.