HASSAN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, 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 of study. The Tribunal was tasked with determining if such a breach had occurred and, if so, whether the cancellation of the visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had contravened condition 8202(2)(a) of his Student visa by failing to maintain enrolment in a registered course of study. This condition mandates that the holder must be enrolled in a registered course. If a breach was established, the Tribunal then had to consider the exercise of discretion regarding the cancellation of the visa, weighing the grounds for cancellation against any reasons for not cancelling.

The Tribunal found that the applicant had not been enrolled in a registered course of study between 17 July 2017 and 3 June 2018, thereby breaching condition 8202(2)(a). The applicant conceded this fact during the hearing, although he provided explanations regarding his circumstances, including difficulties with his education provider and financial issues, as well as family matters. Despite these explanations, the Tribunal concluded that the grounds for cancelling the visa outweighed the reasons for not cancelling it.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.