Mwaura (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 500 (Student) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course. The applicant's visa was cancelled on the basis that she was not enrolled in such a course.

The Tribunal was required to determine if the applicant had indeed breached condition 8202(2)(a) of her visa by failing to maintain enrolment in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances presented by the applicant.

The Tribunal found that the applicant had breached condition 8202(2)(a) as her enrolment in a registered course had been cancelled on 16 July 2018, and she had not subsequently enrolled in another full-time registered course. While acknowledging the applicant's submission regarding psychological trauma stemming from an alleged assault and subsequent termination of pregnancy, the Tribunal concluded that these circumstances did not outweigh the significant breach of her visa conditions. The Tribunal noted that the applicant's proposed future study plans would commence after her current visa expired.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.