Dharel (Migration)

The Administrative Appeals Tribunal considered the case of Dharel, who held a Subclass 572 Vocational Education and Training Sector visa. The dispute arose from the Department of Immigration and Border Protection's decision to cancel Dharel's visa on the grounds that she had breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course of study for an extended period. Dharel contended that her education provider had mishandled her enrolment and had not properly informed her of its cancellation, and that she had not intended to breach her visa conditions.

The Tribunal was required to determine whether Dharel had complied with condition 8202 of her visa, which mandates enrolment in a registered course and satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the purpose of Dharel's stay, her compliance with other visa conditions, the hardship that cancellation might cause, and the circumstances in which the ground for cancellation arose.

The Tribunal found that Dharel had not complied with condition 8202(2) as she was not enrolled in a registered course for over 12 months. While acknowledging that Dharel had re-enrolled in a course and that her husband had lodged a permanent residency application, the Tribunal was not satisfied that she had a compelling need to remain in Australia beyond awaiting the outcome of that application. Although some weight was given to the potential hardship Dharel might face and the fact that she had complied with other visa conditions, the Tribunal concluded that the circumstances did not warrant excusing the breach.

Ultimately, the Tribunal affirmed the decision to cancel Dharel's visa.