MOHAMMED (Migration)

The Administrative Appeals Tribunal considered the case of Mr Mohammed, the holder of a Temporary (Class TU) Student visa (Subclass 573). The dispute concerned the cancellation of his visa by the Department of Immigration and Border Protection. The Tribunal was tasked with determining whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether Mr Mohammed had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Mr Mohammed had breached condition 8202(2) as he was not enrolled in a registered course for the period between 16 February 2016 and 2 February 2017. He admitted to failing part of his studies and experiencing a withdrawal of financial support from his family, which led to his non-enrolment. While acknowledging Mr Mohammed's desire to obtain a Master's degree in Australia and the potential hardship his visa cancellation might cause, the Tribunal was not satisfied that he had demonstrated a compelling need to remain in Australia. The Tribunal also noted that while other conditions had been met, the failure to maintain enrolment was a fundamental breach of a student visa.

Consequently, the Tribunal affirmed the decision to cancel Mr Mohammed's visa.