Mandeep Kumar (Migration)

The Administrative Appeals Tribunal considered the case of Mandeep Kumar, who sought review of the decision to cancel his Subclass 572 Vocational Education and Training Sector visa. The dispute centred on whether Mr. Kumar was a "genuine student" as required by his visa conditions and the Migration Act 1958 (Cth).

The Tribunal was required to determine if the ground for cancellation under section 116(1)(fa)(i) of the Act, which relates to a student visa holder not being a genuine student, was made out. Additionally, the Tribunal had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances, including the applicant's compliance with visa conditions and the potential hardship that cancellation might cause.

The Tribunal reasoned that Mr. Kumar had not maintained his original study plan, had experienced significant gaps in his enrolment totalling over eight months, and had not completed the courses for which his visa was granted. While acknowledging that Mr. Kumar had studied and completed a course prior to the extended period of non-study, the Tribunal found that his prolonged period without enrolment while remaining in Australia on a student visa indicated he was not a genuine student. Furthermore, the Tribunal noted a breach of visa condition 8202(2) due to the extended period of non-enrolment. Despite the applicant's claims of hardship, the Tribunal concluded that the cumulative circumstances, particularly the extended period of non-study and the breach of visa conditions, weighed in favour of cancellation.

Consequently, the Tribunal affirmed the decision to cancel Mr. Kumar's Subclass 572 visa.