Haque and Secretary, Department of Education, Skills and Employment

The applicant, Mr. Haque, sought to withdraw without penalty from a unit of study after the university's census date. The respondent was the Secretary, Department of Education, Skills and Employment. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether special circumstances existed that made it impracticable for the applicant to complete the unit of study. The central legal issue was whether the applicant was entitled to withdraw from the unit without incurring a financial penalty, notwithstanding that the census date had passed.

The Tribunal considered the applicant's submissions regarding his circumstances. It found that while the applicant had experienced difficulties, these did not meet the threshold of "special circumstances" that rendered it impracticable for him to complete the unit. The Tribunal applied the relevant legislative provisions and principles governing withdrawals after the census date, concluding that the applicant had not demonstrated the necessary level of impracticability. The decision of the original decision-maker was affirmed.