Kaur (Migration)

The applicant, Manbir Kaur, an Indian citizen, sought to have the cancellation of her Subclass 500 student visa reviewed by the Tribunal. The visa was cancelled on the grounds that she had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a full-time registered course. The applicant contended that various circumstances, including her father-in-law's ill health, issues with her education provider's online enrolment portal, and her own subsequent illness, prevented her from maintaining her enrolment.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of her student visa. This condition requires the holder to be enrolled in a full-time registered course and to maintain that enrolment. The Tribunal was also required to consider whether, even if a breach had occurred, it should exercise its discretion to cancel the visa, taking into account the applicant's explanations and relevant government policy.

The Tribunal found that the applicant had not been enrolled in a registered course since 19 April 2021, thus failing to comply with condition 8202(2)(a). While acknowledging the applicant's stated reasons, including her father-in-law's health issues and her own plantar fasciitis, the Tribunal noted that the medical evidence for the father-in-law's condition was dated significantly later than the period of non-enrolment. The Tribunal also observed that the applicant's husband continued to work during the relevant period. After considering the applicant's explanations and the relevant policy guidelines for exercising discretion, the Tribunal concluded that the visa cancellation should be affirmed.