Pandey (Migration)

The Administrative Appeals Tribunal considered the case of Mr Ganesh Raj Pandey, who sought review of a decision to cancel his Student (Temporary) (Class TU) visa, specifically Subclass 573 Higher Education Sector. The dispute arose because Mr Pandey had ceased enrolment in a registered course of study. While Mr Pandey indicated a desire for permanent residency and cited family bereavement as a reason for his enrolment issues, the Tribunal ultimately affirmed the cancellation decision.

The primary legal issue before the Tribunal was whether Mr Pandey had complied with the conditions of his student visa, specifically condition 8202(2)(a) which requires the holder to be enrolled in a registered course. The Tribunal also considered whether any international obligations, such as non-refoulement or the best interests of children, would be breached by the cancellation, and whether there were any other relevant matters that warranted consideration.

The Tribunal found that Mr Pandey had not been enrolled in a registered course since November 2016, thus breaching condition 8202(2)(a) of his visa. The Tribunal placed low weight on Mr Pandey's assertions regarding his fears of returning to Nepal, interpreting his stated fear as financial hardship rather than a threat to his safety. Furthermore, the Tribunal found that the circumstances leading to his enrolment cancellation were not exceptional. Mr Pandey's stated desire for permanent residency was seen as evidence that he was not a genuine temporary entrant, and his explanations for his study history and financial capacity to undertake further studies were not found to be credible.

The Tribunal affirmed the decision to cancel Mr Pandey's Class TU visa. The Tribunal noted it had no jurisdiction concerning the other applicant, Mrs Brinda Subedi.