Namgay (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Namgay, a holder of a Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the cancellation of his visa by the Department of Home Affairs. The primary issue was whether the cancellation was justified based on Mr. Namgay's failure to comply with his visa conditions.

The Tribunal was required to determine if Mr. Namgay had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a full-time registered course. Specifically, the Tribunal needed to ascertain if Mr. Namgay had maintained his enrolment in a registered course as required by the regulations. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that Mr. Namgay had breached condition 8202(2)(a) of his visa because his enrolment in a Bachelor of Business was cancelled on 5 March 2019, and he was not enrolled in a full-time registered course thereafter. While this ground for cancellation did not mandate immediate cancellation, the Tribunal proceeded to consider its discretion. Mr. Namgay provided a detailed explanation of personal difficulties, including issues with his accommodation, feelings of isolation, and a subsequent experience of being misled by an education agent, which led to further complications with his enrolment. Despite acknowledging the significant impact of visa cancellation, the Tribunal, on balance, concluded that the circumstances warranted affirming the decision to cancel the visa.