Imtiaz (Migration)

This matter concerned an application by a student visa holder to review the cancellation of her Student (Temporary) (Class TU) visa, subclass 500. The applicant's visa was cancelled on the grounds that she had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a full-time registered course. The applicant contended that a series of personal difficulties, including forced marriage, domestic violence, mental health issues, and financial hardship exacerbated by the COVID-19 pandemic, explained her non-compliance.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of her visa, and if so, whether the discretion to cancel her visa should be exercised. Condition 8202 requires a student visa holder to be enrolled in a full-time registered course and to maintain satisfactory course progress and attendance. The Tribunal was required to determine if the applicant's enrolment status constituted a breach and, if a breach was found, to consider the applicant's personal circumstances in deciding whether to affirm the cancellation.

The Tribunal found that the applicant had breached condition 8202(2)(a) as evidence from the Provider Registration and International Students Management System (PRISMS) indicated she had not been enrolled in a registered course since 1 July 2019. While acknowledging the significant personal trauma and hardship the applicant had experienced, including mental health struggles and financial difficulties, the Tribunal concluded that these circumstances did not constitute a compelling need for her to remain in Australia, nor did they arise in circumstances beyond her control that would warrant excusing the breach. The Tribunal noted that the applicant had not provided sufficient evidence to demonstrate ongoing engagement with mental health services or a clear pathway to re-enrolment at the time of the decision.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. Despite recognising the applicant's difficult circumstances, the Tribunal determined that, on balance, the visa cancellation was justified.