Khan (Migration)

This matter concerned a review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant had failed to maintain enrolment in a registered course, which constituted a ground for cancellation under the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether to exercise its discretion to cancel the applicant's visa, notwithstanding the breach of visa condition 8202. The Tribunal was required to consider the applicant's circumstances, including any reasons for the failure to maintain enrolment and the potential hardship if the visa were not reinstated.

The Tribunal found that the applicant had indeed breached visa condition 8202 by not being enrolled in a registered course. While acknowledging the applicant's stated intention to be a genuine student, the Tribunal determined that the breach was a serious matter. Crucially, the applicant failed to provide credible extenuating circumstances for the non-enrolment or convincing reasons of severe or significant hardship if the visa was cancelled. The Tribunal weighed the factors favouring cancellation against those favouring non-cancellation and concluded that the former outweighed the latter.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.