Khan (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) subclass 573 visa. The applicant, Mr Khan, argued that the cancellation should not be affirmed due to personal hardship, including his mother's ill health and his own mental health struggles, which he contended prevented him from complying with his visa conditions. The Tribunal was required to determine whether Mr Khan had breached condition 8202 of the Migration Regulations 1994 and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issue was whether Mr Khan had complied with condition 8202, which mandates enrolment in a registered course and satisfactory course progress and attendance. Mr Khan's visa was cancelled on the basis that he was not enrolled in a registered course from August 2015. He claimed that his mother's serious medical condition and subsequent operation in August 2015, coupled with his own depression and inability to study, led him to seek a deferral of his studies, which his college refused.

The Tribunal found that Mr Khan had not complied with condition 8202(2) as he was not enrolled in a registered course from October 2015. While acknowledging Mr Khan's stated commitment to his studies and the difficult personal circumstances he faced, the Tribunal concluded that these factors did not outweigh the significant breach of a visa condition for a substantial period. The Tribunal considered the purpose of the visa, the applicant's compelling need to remain in Australia, and the circumstances surrounding the non-enrolment, but ultimately affirmed the decision to cancel the visa.