Neupane (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) Vocational Education and Training Sector (Subclass 572) visa. The dispute arose because the applicant was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had breached this condition and, if so, whether the decision to cancel the visa should be affirmed.

The primary legal issue was whether the applicant had complied with condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory course progress and attendance. The Tribunal also had to consider whether, having found a breach, there were compelling circumstances that warranted exercising discretion against cancelling the visa. The applicant contended that if he departed Australia, his life would be destroyed, referencing past violence in Nepal.

The Tribunal found that the applicant had not been enrolled in a registered course since 1 March 2016, thereby breaching condition 8202(2)(a). The applicant conceded he had not engaged in any material study in Australia since that date and admitted he had not read the information regarding his visa conditions. The Tribunal was not satisfied that the applicant's current intention for remaining in Australia was for the purposes of study. Regarding the applicant's claims of hardship, the Tribunal noted that country information indicated a significant improvement in the security situation in Nepal since the end of the conflict, and found the applicant's assertions of imminent danger to be unsubstantiated.

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