Pant (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 573 Higher Education Sector visa held by Ms. Pant, a national of Nepal. The dispute arose because Ms. Pant was not enrolled in a registered course for a period of approximately seven months, which constituted a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Ms. Pant had breached condition 8202 of her visa, and if so, whether the discretion to cancel her visa should be exercised. Condition 8202 mandates that a student visa holder must be enrolled in a registered course and maintain satisfactory course progress and attendance, unless specific exceptions apply. The cancellation was based on the alleged failure to be enrolled in a registered course.

The Tribunal found that Ms. Pant had indeed not been enrolled in a registered course during the specified period, admitting this fact. However, in exercising its discretion regarding cancellation, the Tribunal had regard to the compelling circumstances presented by Ms. Pant. These included an unplanned pregnancy, subsequent medical issues, and the significant challenges of adapting to motherhood while attempting to study. The Tribunal noted her efforts to recommence her studies, including meeting with the Dean, being required to re-sit English proficiency tests, securing a renewed confirmation of enrolment, and arranging for family support to facilitate her return to her Master of Business Administration program.

Ultimately, the Tribunal concluded that, considering all the circumstances, the visa should not be cancelled. The decision under review was set aside, and a substitute decision was made not to cancel Ms. Pant's visa.