LI (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose student visa (subclass 573) was cancelled. The dispute arose because the applicant had ceased to be enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994. The applicant sought to have the cancellation decision reviewed, arguing that personal circumstances, including homesickness, social isolation, and psychological distress, constituted compelling reasons not to cancel the visa.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of their student visa, specifically subclause (2)(a), which requires the holder to be enrolled in a registered course. 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 stated reasons for non-compliance and relevant government policy guidelines. The applicant contended that significant psychological and emotional problems, stemming from language barriers, performance pressure from family, and a profound sense of isolation, prevented them from maintaining enrolment.

The Tribunal found that the applicant had indeed breached condition 8202(2) as they had ceased to be enrolled in a registered course on 8 April 2015 and had not been enrolled since. While acknowledging the applicant's stated difficulties, including psychological distress and family pressure, the Tribunal determined that these circumstances did not provide a sufficient basis to override the mandatory cancellation provisions. The Tribunal considered the applicant's submissions regarding hardship and extenuating circumstances but ultimately affirmed the decision to cancel the visa.