Mohit Kumar (Migration)

This matter concerned the review of a decision to cancel the Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, held by Mohit Kumar. The applicant sought to have the cancellation decision set aside.

The primary legal issue before the Tribunal was whether the applicant 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 found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Act.

The Tribunal found that the applicant had breached condition 8202(2) as he had not been enrolled in a registered course of study since 6 August 2016. The applicant admitted to ceasing his studies at that time, having completed courses in Commercial Cookery and a Diploma of Business and Hospitality. The Tribunal considered the applicant's stated desire to work full-time for experience and his unsuccessful application for a Subclass 485 visa, noting he had not sought immigration advice. The Tribunal concluded that the applicant's prolonged non-compliance with the core purpose of his student visa, coupled with the absence of compelling reasons for him to remain in Australia, weighed in favour of affirming the visa cancellation.

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