Kailey (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the student visa of an applicant, Mr. Kailey. The dispute centred on whether Mr. Kailey had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance.

The Tribunal was required to determine if Mr. Kailey had complied with condition 8202(2)(a) by being enrolled in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the applicant's circumstances and the purpose of his stay in Australia.

The Tribunal found that Mr. Kailey had not complied with condition 8202(2)(a) as he was not enrolled in a course of study from December 2018 until mid-2019, and again until April 2020. However, in considering the discretion to cancel the visa, the Tribunal gave weight to the fact that Mr. Kailey's original purpose for coming to Australia was for study, and he intended to continue studying. The Tribunal also took into account his personal circumstances, including marital issues, mental health challenges, and the impact of COVID-19 restrictions on his ability to commence his studies.

Ultimately, the Tribunal concluded that the decision to cancel Mr. Kailey's visa should be set aside.