Nagi (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa held by the applicant. The dispute arose because the applicant was not enrolled in a registered course, which constituted a breach of visa condition 8202. The Tribunal was required to determine whether the applicant had breached this condition and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2) of the Migration Regulations 1994, as he was not enrolled in a registered course from 2 November 2017 until the date of the delegate's decision on 8 August 2018. The applicant conceded this fact. Having established the breach, the Tribunal then considered its discretion to cancel the visa. While acknowledging the applicant's concern over his mother's ill health and his desire to study, the Tribunal found that these factors did not constitute a compelling need to remain in Australia. Crucially, the applicant had not sought a deferral of his studies on compassionate grounds, and his failure to maintain enrolment represented a significant period of non-compliance.

The Tribunal concluded that, on balance, the circumstances warranted the cancellation of the visa. Accordingly, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.