Khan (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Khan, who sought review of the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had been enrolled in a registered Higher Education course but had ceased his studies. The grounds for cancellation related to the applicant's alleged failure to comply with visa conditions.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2) of his visa, which requires the holder to be enrolled in a registered course. The Tribunal also had to consider whether, having found a breach of a visa condition, it should exercise its discretion to cancel the visa, taking into account the circumstances presented by the applicant.

The Tribunal found that, on the evidence before it, the applicant had not complied with condition 8202(2) and that grounds for visa cancellation existed. While acknowledging the applicant's submissions regarding temporary financial hardship, psychological difficulties, and family medical issues, the Tribunal noted that the applicant had procrastinated over enrolment and had voluntarily cancelled his enrolment with his education provider. The Tribunal was satisfied that the applicant had been provided with adverse information in a manner consistent with the Act and had been given adequate time to respond. Weighing all the factors, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant’s Class TU visa.