Jafri (Migration)

This matter concerned an appeal by the applicant, a Pakistani national, against the decision of the delegate to cancel his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had been granted the visa to undertake a Bachelor of Information Technology. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance.

The Tribunal was required to determine whether the applicant had complied with condition 8202. Specifically, the court had to consider if the applicant was enrolled in a registered course and if he had achieved satisfactory course progress. The applicant's visa was cancelled on the basis that he was not enrolled in a registered course. The applicant had initially enrolled in courses at the Australian Institute of Higher Education Pty Ltd but did not commence them, subsequently moving to Melbourne Polytechnic. There, he enrolled in a Diploma of Information Technology and a Bachelor of Information Technology, but his enrolment in the Bachelor's degree was cancelled due to unsatisfactory progress and non-payment of fees. He later enrolled in a Diploma of Hospitality Management, which was not a registered course suitable for a Higher Education Sector visa.

The Tribunal reasoned that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course that met the requirements of his visa. While acknowledging the applicant's stated mental health issues and his move to Melbourne, the Tribunal found that the subsequent enrolment in a Diploma of Hospitality Management was not a registered course for the purpose of his visa. The Tribunal considered the applicant's circumstances, including his explanatory statement and medical certificate, in exercising its discretion regarding the cancellation. However, it concluded that the applicant's failure to maintain enrolment in a registered course meant the decision to cancel his visa should be affirmed.