KUNWAR (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 full-time registered course and to maintain satisfactory course progress and attendance.

The primary legal issue before the Tribunal was to determine if the applicant had indeed breached condition 8202(2)(a) by not being enrolled in a full-time registered course from 26 October 2017. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's circumstances and submissions.

The Tribunal found that the applicant had breached condition 8202(2)(a) as evidence indicated he was not enrolled in a full-time registered course for the specified period. In considering the discretion to cancel the visa, the Tribunal noted the applicant's history of course cancellations due to unsatisfactory progress or ceasing studies. Despite the applicant's stated intention to pursue further studies and his claims of financial hardship and a desire to make his parents proud, the Tribunal concluded that these factors did not outweigh the established breach of visa conditions. The Tribunal affirmed the delegate's decision to cancel the applicant's visa.