Kaur (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 500 (Student) visa. The applicant's previous student visa had been cancelled due to a failure to maintain enrolment in a full-time course, a breach of condition 8202. The central dispute revolved around whether the applicant satisfied the criteria under PIC 4013 of Schedule 4 to the Regulations, or if compelling or compassionate circumstances existed to waive this requirement.

The Tribunal was required to determine if the applicant met the requirements of PIC 4013, which mandates that an application made within three years of a visa cancellation will only be granted if there are compelling circumstances affecting Australia's interests or compassionate or compelling circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen. The applicant, who was unrepresented, had not provided written submissions addressing these circumstances and had only partially read the hearing invitation.

The Tribunal, acknowledging the applicant's lack of representation and limited engagement with the provided information, led the applicant through oral evidence concerning her arrival in Australia and her study history. This was done to ensure that any potential compelling or compassionate circumstances justifying the grant of the visa, despite the previous cancellation, were fully explored. However, based on the evidence presented and the applicant's circumstances, the Tribunal concluded that the criteria for the Subclass 500 visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.