Kaur (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by Ms Kaur. The dispute arose because Ms Kaur was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether Ms Kaur had complied with condition 8202 and, if not, whether the discretion to cancel her visa should be exercised.

The Tribunal found that Ms Kaur had indeed breached condition 8202(2) of the Regulations as she was not enrolled in a registered course at the time of the review. Her enrolment in a Master of Information Technology course at the University of Western Australia had been deferred following the death of her father, and she had not returned to her studies, leading to the cancellation of her enrolment. Despite this breach, the Tribunal then considered the exercise of its discretion regarding visa cancellation.

In exercising its discretion, the Tribunal had regard to the circumstances of the case, including the applicant's stated intentions and family situation. It noted that Ms Kaur had a genuine intention to study in Australia to obtain a better education and career prospects than available in India, a goal supported by her deceased father. The Tribunal also acknowledged the impact of her father's death and the subsequent financial and personal difficulties she faced, which contributed to her inability to resume her studies. Weighing these factors, the Tribunal concluded that the visa should not be cancelled.

The Tribunal set aside the decision to cancel Ms Kaur's Subclass 500 (Student) visa and substituted a decision not to cancel it. The Tribunal noted it had no jurisdiction concerning the other applicant.