Maskey (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 572, held by Mr. Maskey. The dispute arose when the Department of Home Affairs formed the view that Mr. Maskey had breached condition 8202 of his visa by not being enrolled in a registered course of study. This led to the delegate's decision to cancel his visa, which Mr. Maskey sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Maskey had complied with condition 8202 of his visa, specifically the requirement to be enrolled in a registered course. If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to affirm or set aside the cancellation decision, having regard to the circumstances presented by Mr. Maskey.

The Tribunal found that Mr. Maskey had indeed failed to maintain enrolment in a registered course for approximately 12 months, thereby breaching condition 8202(2). While acknowledging Mr. Maskey's explanations, including mental and emotional stress, financial difficulties stemming from an earthquake in Nepal, and issues with his online course, the Tribunal was not satisfied that these circumstances prevented him from contacting his education provider or the Department to discuss his situation or explore options such as deferral. The Tribunal noted the limited evidence of stress, consisting of two medical scripts for anti-depressant medication and a medical visit, but concluded that these did not demonstrate an inability to communicate his difficulties. Consequently, the Tribunal affirmed the delegate's decision to cancel Mr. Maskey's visa.