Ghufran (Migration)

This matter concerned an appeal by the applicant, Ghufran, against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had ceased enrolment in a registered course and subsequently changed to vocational courses. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain 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 under section 116(1) of the Act.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course from 17 March 2016 to 23 January 2017. In considering the discretion to cancel the visa, the Tribunal noted that while the applicant's original purpose was to study, he had engaged in employment that appeared to take precedence. The applicant's submissions focused on alleged improper activities by his former agent rather than providing a compelling reason to remain in Australia. The Tribunal also considered the potential psychological hardship to the applicant, acknowledging this factor but ultimately finding that the fundamental breach of visa conditions and the lack of a compelling need to remain outweighed this consideration.

The Tribunal affirmed the decision to cancel the applicant's visa.