Dhawan (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Subclass 500 (Student) visa. The applicant's visa was cancelled on the grounds that they had breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a full-time registered course. The Provider Registration and International Students Management System (PRISMS) indicated a period of non-enrolment from 27 February 2019 until 4 November 2021.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(a) of their visa, which mandates enrolment in a full-time registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, notwithstanding that the ground for cancellation did not mandate it.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) as evidenced by the PRISMS records showing a significant period of non-enrolment. In considering the exercise of discretion, the Tribunal acknowledged the applicant's explanation for the non-enrolment, which included experiencing grief and mental health challenges following the death of his uncle, and difficulties in adjusting to life in Australia. However, despite these personal circumstances, the Tribunal concluded that, on balance, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.