Kaur (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. The applicant contended that medical reasons, including an unplanned pregnancy, caesarean operation, and subsequent recovery, prevented her from enrolling and attending her studies.

The Tribunal was required to determine if the applicant had complied with condition 8202(2) by being enrolled in a registered course, and if not, whether discretion should be exercised to set aside the cancellation. The applicant argued that her non-enrolment was due to exceptional circumstances, including medical issues and difficulties with her education provider regarding deferment and enrolment offers. The Tribunal also considered its duty to inquire into the matter, referencing the High Court's decision in *MIAC v SZIAI* regarding the limited general duty to obtain information.

The Tribunal found that the applicant had not been enrolled in a registered course from July 2016 until January 2017, thus breaching condition 8202(2). While acknowledging the applicant's unplanned pregnancy and caesarean section, the Tribunal gave limited weight to the medical certificates provided, finding they were not contemporaneous and did not establish a clear causal link between the medical events and an inability to study for the entire period. Furthermore, the Tribunal noted that independent evidence from the education provider did not substantiate the applicant's claims regarding her enrolment status or attempts to pay fees. The Tribunal concluded that the applicant had not provided sufficient proof of her inability to study and that the circumstances did not warrant the exercise of discretion to set aside the cancellation.

The Tribunal affirmed the decision to cancel the applicant's visa.