Omeh (Migration)

The Administrative Appeals Tribunal considered whether to affirm the decision to cancel the visa of the applicant, Mr. Omeh, who held a student visa. The dispute arose because the applicant was alleged to have breached condition 8202(2)(a) of the Migration Regulations 1994 by failing to maintain enrolment in a full-time registered course.

The Tribunal was required to determine if the applicant had indeed breached condition 8202(2)(a) and, if so, whether to exercise its discretion to cancel the visa. Condition 8202(2)(a) mandates that a student visa holder must be enrolled in a full-time registered course. The applicant's visa was cancelled on the basis that he had not been enrolled in a registered course for approximately 1.5 years, from January 2019 until he enrolled in a new course in July 2020.

The Tribunal found that the applicant had not maintained enrolment in a registered course from 9 January 2019, thereby breaching condition 8202(2)(a). In considering the exercise of discretion to cancel the visa, the Tribunal had regard to the applicant's explanations for his non-enrolment, including his wife's pregnancy complications, financial difficulties, and his own depression. However, the Tribunal also noted that the applicant was currently working approximately 38 hours per week and had lodged a partner visa application. Weighing all the circumstances, the Tribunal concluded that the visa should be cancelled and affirmed the delegate's decision.