Khatri (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute centred on 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.

The Tribunal was required to determine if the applicant had complied with condition 8202(2) of the Regulations, specifically whether they were enrolled in a registered course of study. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances of the case and relevant departmental guidance.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course of study for a significant period, from October 2017 until at least the date of the delegate's decision in September 2018. The applicant conceded this non-enrolment in correspondence. In considering the discretion to cancel, the Tribunal noted the applicant's stated intention to continue studies but gave this minimal weight due to the lack of evidence of a compelling need to remain in Australia and the substantial period of non-enrolment. The Tribunal concluded that the significant period of non-enrolment, which lasted for 11 months, indicated a failure to take proactive steps to remedy the breach or depart Australia, and therefore affirmed the decision to cancel the applicant's visa.