Javed (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 500 student visa. The applicant had breached visa condition 8202 by failing to maintain enrolment in a registered course of study. The applicant contended that the breach occurred due to significant hardships caused by the loss of his grandfather and aunt, arguing these circumstances were beyond his control.

The primary legal issue before the Tribunal was whether the applicant's failure to maintain enrolment in a registered course of study occurred in circumstances beyond his control, as contemplated by the Migration Regulations 1994. Specifically, the Tribunal had to determine if the personal hardships experienced by the applicant constituted such circumstances.

The Tribunal affirmed the decision to cancel the visa. Member Michael Bradford found that, on the accepted evidence, there were no ameliorating circumstances that would warrant a different outcome. The Tribunal concluded that the breach of condition 8202 did not occur in circumstances beyond the applicant's control, and therefore, the decision to cancel the visa was affirmed.