KHAN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 573, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision by the delegate.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course as required by condition 8202(2), and if not, whether the delegate's decision to cancel the visa should be affirmed.

The Tribunal found that the applicant's enrolment in a Master of Information Technology course was cancelled by the provider on 11 August 2016, and the applicant remained unenrolled until at least 22 May 2017. The applicant conceded this lack of enrolment. Consequently, the Tribunal concluded that the applicant had not complied with condition 8202(2). In considering the discretion to cancel the visa, the Tribunal noted the applicant's stated intention to investigate temporary or permanent residency options and his request for a deferral of enrolment, which was not granted. While acknowledging potential financial and emotional hardship, the Tribunal gave these factors little weight, ultimately affirming the delegate's decision to cancel the visa.