Khan (Migration)

The Administrative Appeals Tribunal considered the case of Khan (Migration), an applicant for a Class TU Student (Temporary) visa (Subclass 573). The dispute concerned the cancellation of the applicant's visa by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2) of the Regulations, as he was not enrolled in any registered course for a significant period between January 2017 and March 2018. While the applicant had completed vocational courses and expressed an intention to study automotive courses, these did not constitute a registered higher education course as required by his visa conditions. The Tribunal also noted the applicant's prior academic difficulties and lack of documentary evidence supporting his claims of seeking further higher education enrolment. Despite considering the applicant's claims of hardship, including family disappointment, the Tribunal concluded that the circumstances warranted the affirmation of the visa cancellation decision.