Dhuria (Migration)

The Administrative Appeals Tribunal considered the case of Dhuria, an applicant whose Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, was cancelled. The dispute centred on 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. The applicant had been enrolled in a Diploma of Management but ceased to be enrolled in a registered course from 9 January 2017, having commenced full-time work with the intention of obtaining sponsorship, which ultimately did not materialise.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202(2)(a) of his visa, which mandates enrolment in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958. The applicant argued that his cessation of enrolment was due to circumstances beyond his control, including the abandonment of his employment by his employers and the subsequent cessation of operations by educational institutions he attempted to enrol in.

The Tribunal found that the applicant had indeed ceased to be enrolled in a registered course from 9 January 2017, thereby breaching condition 8202(2)(a). While acknowledging the applicant's explanation regarding his employment and subsequent attempts to re-enrol, the Tribunal concluded that these circumstances did not negate the breach. The Tribunal also considered the applicant's history, including previous study attempts and the circumstances surrounding his marriage, which raised concerns about the genuineness of his intentions to remain in Australia for study. Ultimately, the Tribunal determined that there was no compelling need for the applicant to remain in Australia and affirmed the decision to cancel his visa.