Mohammadi (Migration)

The Administrative Appeals Tribunal considered the case of Mohammadi, the holder of a Student (Temporary) (Class TU) visa, and her secondary applicants. The dispute concerned the decision by the Department of Home Affairs to cancel the applicant's visa. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth). This condition requires a student visa holder to be enrolled in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) because she was not enrolled in a full-time registered course. Evidence indicated that her enrolment at Danford College was conditional on her providing an English language certificate, which she failed to do. While the applicant provided reasons for her difficulties, including pregnancy, childbirth, and postpartum depression, these did not excuse the failure to meet the enrolment requirements. The Tribunal also noted that her CoE was not cancelled due to non-payment of fees, but rather due to her failure to meet English language requirements.

The Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal stated it had no jurisdiction with respect to the secondary applicants.