Kumar (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The cancellation was based on the applicant's failure to maintain enrolment in a registered course of study. The applicant had ceased enrolment in a Bachelor of Business program due to non-commencement of studies and had a brief period overseas without obtaining course leave.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course as required by condition 8202(2). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not complied with condition 8202(2) because he was not enrolled in a registered course of study from 29 April 2015, when his enrolment in a Bachelor of Business was cancelled. The applicant acknowledged this fact during the hearing. Despite considering various discretionary factors, including the hardship to the applicant and restrictions on future visa applications, the Tribunal concluded that these factors did not outweigh the adverse matters. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.