Khendo Sherpa (Migration)

This matter concerned the review of a decision to cancel the Student (Temporary) (Class TU) visa, subclass 500, held by Khendo Sherpa. The applicant's visa was cancelled due to non-compliance with visa condition 8202(2)(a), specifically failing to maintain enrolment in a registered full-time course from 11 March 2021 to 8 June 2023. The review was heard by Christine Kannis, a Member of the Tribunal.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether to exercise its discretion to cancel the visa. The applicant had provided extensive information regarding personal circumstances, including family tragedies, mental health issues, difficulties with English proficiency tests preventing enrolment in a Bachelor of Nursing course, and her husband's visa refusal. The Tribunal also considered the applicant's subsequent enrolment in a Diploma of Nursing, the merger of courses, her eventual enrolment in a Bachelor of Early Childhood Education, and her employment history.

In its reasoning, the Tribunal acknowledged the significant personal hardships faced by the applicant, including family illness, mental health struggles, and the impact of the COVID-19 pandemic. It also noted the applicant's efforts to re-enrol in a course after receiving the notice of intention to cancel. However, the Tribunal found that the ground for cancellation under s 116(1)(b) was established due to the prolonged period of non-enrolment. Despite considering the mitigating circumstances, the Tribunal concluded that, on balance, the visa should be cancelled, finding that the ground for cancellation existed and that the discretion to cancel should be exercised.

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