Igwilo (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Mr Igwilo concerning the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 Higher Education. Mr Igwilo had been studying a Bachelor of Mechanical Engineering but had not been enrolled in a registered course for a period of eight months. The Department of Home Affairs had cancelled his visa on the basis that he had failed to maintain enrolment in a registered course, a condition of his visa. Mr Igwilo sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the circumstances that led to Mr Igwilo's failure to maintain enrolment were outside of his control, and if so, whether the cancellation decision should be set aside. The Tribunal was required to assess the evidence presented by Mr Igwilo regarding his car accident, his unexpected fatherhood, and his subsequent financial difficulties and economic hardship. The Tribunal also had to consider the medical evidence provided in support of his claims.

The Tribunal found that the evidence presented by Mr Igwilo demonstrated that his failure to maintain enrolment was due to circumstances beyond his control. The car accident had a significant impact on his ability to study, and the unexpected responsibilities of fatherhood, coupled with financial hardship, further contributed to his inability to re-enrol. The Tribunal accepted the medical evidence and concluded that the Department's decision to cancel the visa was harsh and unreasonable in the circumstances. Consequently, the Tribunal set aside the decision under review.