Mustafa (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) subclass 572 visa. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of Schedule 8 to the *Migration Regulations 1994*, specifically by not being enrolled in a registered course of study. The applicant contended that personal hardship, including the death of his grandparents, prevented him from commencing his studies and that he suffered psychological distress as a result.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2) of the *Migration Regulations 1994*, which requires a student visa holder to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's stated reasons for non-commencement and any extenuating circumstances.

The Tribunal found that the applicant had not been enrolled in a registered course since 7 August 2015, and a subsequent enrolment in an Advanced Diploma of Leadership and Management was cancelled due to non-commencement. While the applicant provided details of his grandparents' fatal traffic accident and his subsequent shock and distress, the Tribunal noted that no documentation was provided regarding any medical treatment received in Australia for mental health issues. The Tribunal considered the applicant's explanation for the non-commencement of studies, along with various factors relevant to the exercise of discretion, including hardship, extenuating circumstances, and government policy.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, considering all circumstances, the cancellation was warranted.