Hussain (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a full-time registered course and satisfactory academic progress and attendance.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of their visa. Specifically, the Tribunal had to ascertain whether the applicant remained enrolled in a full-time registered course and whether they had achieved satisfactory course progress and attendance, as required by the regulations. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2)(a) by failing to remain enrolled in a full-time registered course for a significant period of 15 months. The applicant's explanations regarding depression and online treatment lacked substantiation, and their recent enrolment in a new course, commencing after the hearing date, was viewed with scepticism, suggesting a lack of genuine intention to study. Consequently, the Tribunal concluded that there was no compelling need for the applicant to remain in Australia.

Based on these findings, the Tribunal affirmed the decision to cancel the applicant's visa.