Iqbal (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 a condition of their visa, leading to its cancellation by the Department. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had been enrolled in a registered course of study as required by that condition, and if not, whether the visa cancellation decision should be affirmed.

The Tribunal found that the applicant had not been enrolled in a registered course of study for a significant period, from 10 November 2015 to 27 October 2016, and had not been enrolled in any registered course since 2017. The applicant conceded these facts. The Tribunal reasoned that this failure to maintain enrolment constituted a breach of condition 8202(2)(a) and that the applicant had not been fulfilling the purpose of their student visa. Despite considering the applicant's explanations regarding health and family circumstances, the Tribunal concluded that these did not outweigh the substantial breach of the visa conditions.

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