Hasan (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant's visa was cancelled on the grounds that they were not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically whether they were enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's circumstances and the reasons for non-compliance.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course at the relevant time. However, in considering the exercise of discretion, the Tribunal found that the applicant had demonstrated a diligent attitude to studies and that the reasons for non-compliance, namely severe financial difficulties and parents' health issues in Bangladesh, were beyond the applicant's control and not reasonably foreseeable. The Tribunal noted the applicant's intention to complete his studies and return to assist his family business, and that the financial issues had since been alleviated.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.