Dubey (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The cancellation was based on the applicant's failure to maintain enrolment in a full-time registered course, a breach of condition 8202 of the Migration Regulations 1994. The applicant, a national of India, had initially enrolled in a Master of Business Administration course but had his enrolment cancelled due to failing to re-enrol.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically the requirement to be enrolled 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 under section 116(1) of the Migration Act 1958. The applicant contended that personal difficulties, including a family bereavement and trouble focusing on studies, had impacted his academic progress.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a full-time registered course at the time of the cancellation. Despite the applicant's explanations, the Tribunal noted that he had only completed three subjects over two years and had not made further academic progress since re-enrolling in a different course in Melbourne. The Tribunal also considered the applicant's pursuit of a Certificate III in Telecommunications, which enabled him to work, and found no compelling reason for him to remain in Australia. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.