Kapuria (Migration)

This matter concerned the review of a decision by the Department of Home Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant, a citizen of India, had arrived in Australia in January 2017 and held a series of student visas. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a breach of condition 8202 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa, specifically by not being enrolled in a registered course of study from 27 November 2019 until the date of the delegate's decision on 11 April 2022. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2) as he was not enrolled in a registered course or held a Confirmation of Enrolment during the specified period. The applicant had provided reasons for his lack of study, including difficulties with his initial nursing course, challenges with a subsequent business course, mental health concerns, and the impact of COVID-19 restrictions and illness within his family. Despite these explanations, the Tribunal concluded that the grounds for cancellation under s.116(2)(b) of the Migration Act 1958 were met.

After considering all the circumstances, including the applicant's submissions and departmental guidelines, the Tribunal affirmed the decision to cancel the applicant's visa.