Neupane (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, held by Mr Neupane. The dispute arose because Mr Neupane had ceased enrolment in a registered course and demonstrated limited academic progress, leading to the cancellation of his visa by the delegate. Mr Neupane sought to have this decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Mr Neupane had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires visa holders to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa.

The Tribunal found that Mr Neupane had not complied with condition 8202(2) as he was not enrolled in a registered course from 10 November 2016 until the delegate's decision on 8 August 2017. While acknowledging Mr Neupane's stated reasons for his lack of enrolment, including injuries sustained and difficulties navigating the Australian education system, the Tribunal noted his limited efforts to re-enrol in a suitable course and his departure from Australia. The Tribunal considered the applicant's stated intention to pursue tertiary education and his subsequent enrolment in a different course, but found these actions insufficient to warrant setting aside the cancellation.

The Tribunal affirmed the decision to cancel Mr Neupane's visa.