K C (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the student visa of the applicant, K C. The applicant held a Temporary (Class TU) visa, subclass 500, and the cancellation was based on an alleged breach of condition 8202 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202, which requires a student visa holder to be enrolled full-time in a registered course and to maintain enrolment in a course that, upon completion, will provide a qualification at the same or a higher level than the course for which the visa was granted. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2)(b) as he was no longer enrolled in a Bachelor degree or higher course, having withdrawn from a Bachelor of Applied Commerce and enrolled in Certificate III and IV in Commercial Cookery and a Diploma of Hospitality Management. Despite this finding, the Tribunal considered the applicant's circumstances, including his stated intention to complete his studies and return to Nepal, his change of study interests, and the significant financial investment he had made. The Tribunal acknowledged the applicant's desire to complete his studies and make his family proud, giving this some weight against cancellation. However, the Tribunal ultimately affirmed the decision to cancel the applicant's visa.