Khadgi (Migration)

This matter concerned an appeal by the applicant, a citizen of Nepal, against the cancellation of her Student (Temporary) (Class TU) visa, subclass 500. The applicant's visa was cancelled by the Department on 6 February 2023, on the grounds that she had breached condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether the cancellation decision should be affirmed.

The central legal issue was whether the applicant had complied with condition 8202, which mandates that a student visa holder must be enrolled in a registered course and maintain satisfactory course progress and attendance. The evidence indicated that the applicant's enrolment in a Diploma and Advanced Diploma of Leadership and Management was cancelled for unsatisfactory course progress on 6 July 2021. Although she subsequently re-enrolled, Provider Registration and International Student Management System (PRISMS) records showed that her enrolment had ceased from 6 July 2021 until 13 November 2022. The applicant did not dispute this period of non-enrolment.

The Tribunal found that the applicant had failed to comply with condition 8202(2) by not being enrolled in a registered course of study for the period between 6 July 2021 and 13 November 2022. Despite the applicant providing reasons for her non-compliance, including personal difficulties, health issues exacerbated by COVID-19, and family stress, the Tribunal concluded that the grounds for cancellation under s.116(2)(b) of the Act were met. After considering the applicant's circumstances and the Department's procedural instructions, the Tribunal affirmed the decision to cancel the applicant's visa.