Multani (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant whose Student (Temporary) (Class TU) (Subclass 500) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a registered course at the required Australian Qualifications Framework (AQF) level.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain enrolment in a course that will lead to a qualification at the same or a higher AQF level than the course for which the visa was granted. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having found a breach of the condition.

The Tribunal found that the applicant had not maintained enrolment in a registered course that would provide a qualification at the same or a higher AQF level than the course for which the visa was granted. The applicant admitted to not having maintained enrolment at the required AQF level since 22 October 2018, thereby breaching condition 8202(2)(b). Despite the applicant’s detailed explanation of personal struggles, academic difficulties, and family pressures, which led to a change to lower-level courses, the Tribunal concluded that these circumstances did not negate the breach. After considering the applicant's circumstances and relevant departmental guidelines, the Tribunal exercised its discretion and affirmed the decision to cancel the visa.