Mansoor (Migration)

This matter concerned an appeal by an applicant against the decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The applicant had been granted the visa on 3 October 2012. The cancellation was based on the applicant's alleged failure to meet the requirements of condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically that he was not enrolled in a registered course of study since 27 April 2015.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition, as relevant, required the applicant to be enrolled in a registered course, and not to have been certified by his education provider as not achieving satisfactory course progress or attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under s.116(1) of the Migration Act 1958.

The Tribunal found that the evidence established the applicant had not been enrolled in a registered course, thereby breaching condition 8202(2)(a). While acknowledging the applicant's stated physical and mental health issues, which he claimed impacted his ability to study, the Tribunal was not satisfied that these issues excused the non-compliance. In considering its discretion to cancel the visa, the Tribunal noted the applicant's initial intention to study, his lack of cooperation with the Department, and his desire for a second chance. However, it also considered the potential financial hardship to the applicant and his family if the visa were cancelled, and the consequences of cancellation including becoming an unlawful non-citizen and limitations on future visa applications. Ultimately, the Tribunal concluded that the visa should be cancelled.

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