Pandey (Migration)

This matter concerned an appeal by Mr. Pandey against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The dispute arose from the applicant's alleged breach of condition 8202 of the Migration Regulations 1994, which mandates that a student visa holder must be enrolled in a registered course and achieve satisfactory academic progress and attendance. The Tribunal was required to determine whether Mr. Pandey had breached this condition and, if so, whether the cancellation of his visa was an appropriate exercise of discretion.

The Tribunal found that Mr. Pandey had breached condition 8202(2) of the Regulations because he was not enrolled in a registered course of study. This finding was based on the applicant's own admissions during the hearing and in his written response to the Tribunal, where he confirmed he had not been enrolled since mid-2017. The Tribunal also considered the applicant's explanations for his lack of enrolment, including periods of anxiety, depression, and a broken leg, as well as his stated desire to enrol in a new course. Despite acknowledging these circumstances, the Tribunal concluded that the applicant had not taken steps such as deferring his studies or inquiring about his options with his education provider or the Department.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Pandey's visa. While the Tribunal considered the applicant's personal circumstances, including his health issues and financial self-sufficiency through work, it found that these did not outweigh the breach of the visa condition. The Tribunal concluded that, on the evidence before it, the cancellation of the visa was warranted.