Nasir (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had breached condition 8202(2)(a) of the Migration Regulations 1994, which mandates enrolment in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances of the case.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as they were not enrolled in a full-time registered course for a significant period. In considering the discretion to cancel, the Tribunal noted the applicant's original purpose of study in Australia since 2014 and their progress towards a qualification. However, the Tribunal was not satisfied that the applicant had demonstrated a compelling need to remain in Australia, finding their explanations for failing to maintain enrolment and their preference for Australian study facilities unpersuasive. While acknowledging the applicant's stated family responsibilities and emotional hardship, the Tribunal concluded that the failure to maintain enrolment constituted a fundamental breach of a student visa, outweighing these considerations.

The Tribunal affirmed the decision to cancel the applicant's visa.