Kaur (Migration)

The applicant, Ms Kaur, sought review of a decision to cancel her Subclass 573 Higher Education Sector visa. The Minister had cancelled the visa under s 116(1)(b) of the Migration Act 1958 (Cth) on the grounds that the applicant had failed to maintain enrolment in a registered course, thereby breaching visa condition 8202(2)(a). The Administrative Appeals Tribunal (Cth) considered whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal was required to determine whether the applicant had breached condition 8202(2)(a) of her visa by ceasing to be enrolled in a registered course of study. If a breach was established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa should be cancelled, having regard to the applicant's personal circumstances and relevant government policy guidelines.

The Tribunal found that the applicant had breached condition 8202(2)(a) as her enrolment in a Bachelor of Business (Management) course was cancelled on 26 April 2016 due to non-commencement of studies, and she had not been enrolled in a registered course since that date. In considering the exercise of discretion, the Tribunal acknowledged the applicant's explanation for her cessation of studies, which included personal reasons such as a pregnancy termination, subsequent depression, guilt, and stress, as well as cultural pressures. Despite recognising the significance of visa cancellation, the Tribunal concluded, on balance and considering all circumstances, that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.