PANDEY (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, held by the applicant. The dispute arose when the Department of Home Affairs formed the view that the applicant had breached a condition of their visa, leading to its cancellation. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had failed to remain enrolled in a registered course of study, as required by subclause 8202(2). If a breach of this condition was established, the Tribunal then had to consider whether the applicant's visa should be cancelled under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not denied being unenrolled in a registered course of study from February 2016. The applicant had explained this cessation of studies by referring to a series of adverse financial and psychological events. Despite these explanations, the Tribunal was satisfied that the applicant had not complied with condition 8202(2). In exercising its discretion regarding cancellation, the Tribunal had regard to the applicant's circumstances and relevant departmental policy. The Tribunal affirmed the Department's decision to cancel the applicant's visa.