Pandey (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Pandey, who held a Student (Temporary) (Class TU) visa, subclass 500. The dispute concerned the cancellation of his visa by the Department of Home Affairs. Mr. Pandey sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Pandey had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if Mr. Pandey remained enrolled in a full-time registered course of study as required by that condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that Mr. Pandey had not complied with condition 8202(2)(a) because his enrolment in a relevant course was cancelled on 4 May 2018, and he was not enrolled in a full-time registered course from that date. While acknowledging the applicant's submissions regarding circumstances beyond his control, the Tribunal concluded that the evidence did not sufficiently support these claims. The Tribunal considered the applicant's history of study in Australia, including interruptions and delays, and noted that he had indicated difficulties with assignments due to an inability to meet fees. Ultimately, the Tribunal affirmed the delegate's decision to cancel Mr. Pandey's visa.