Ifrahim (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The applicant, Mr. Ifrahim, had his visa cancelled on the basis that he was not enrolled in a registered course, which constituted a breach of condition 8202 of the *Migration Regulations 1994*. The Administrative Appeals Tribunal was required to determine whether the applicant had breached this condition and, if so, whether to exercise its discretion to affirm the cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the *Migration Regulations 1994*. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance, unless specific exceptions apply. The applicant's visa was cancelled because information indicated he had not been enrolled in a registered course since 15 September 2015, thus failing to meet the requirement of condition 8202(2)(a).

The Tribunal found that while the applicant's enrolment records were updated to reflect a cessation date of 30 December 2015, it was still satisfied, after considering the evidence, that the applicant was not enrolled in a registered course. Consequently, the applicant had not complied with condition 8202(2). In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's stated reasons for non-compliance, including health issues and a desire to commence university studies, as well as government policy guidelines. However, the Tribunal was not satisfied that the applicant's present intention in residing in Australia was for the purposes of study, despite acknowledging the potential hardship cancellation might cause.

Ultimately, after considering all the circumstances, the Tribunal concluded that the visa cancellation should be affirmed. The Tribunal found that the applicant had failed to maintain enrolment in a registered course, a fundamental requirement for a student visa, and that the mandatory consequences of cancellation, such as potential detention and limitations on future visa applications, were intended outcomes of such a breach.