Martins Immich (Migration)

The Administrative Appeals Tribunal considered the case of Martins Immich, who held a Student (Temporary) (Class TU) visa, subclass 500. The dispute concerned the cancellation of Mr Immich's visa by the Department of Home Affairs.

The Tribunal was required to determine whether Mr Immich had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to ascertain if Mr Immich had failed to be enrolled in a full-time registered course, which was the basis for the visa cancellation.

The Tribunal found that Mr Immich had not complied with condition 8202(2)(a) as he was not enrolled in a full-time registered course at the time of the hearing, having ceased enrolment in March 2018. While Mr Immich presented reasons for his non-completion of a previous course, including difficulties with his agent and concerns about his mental health and his mother's health, the Tribunal noted his failure to attempt to defer his studies or seek enrolment in new courses. The Tribunal concluded that, on the evidence, Mr Immich had breached the condition and that the visa cancellation should be affirmed.