Parveen (Migration)

The Administrative Appeals Tribunal considered the case of Mr Parveen, an Indian national who held a Student (Temporary) (Class TU) visa, subclass 573 Higher Education. The dispute concerned the cancellation of his visa by the Department of Immigration and Border Protection. The Tribunal was tasked with determining whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether Mr Parveen had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach of this condition is found, the Tribunal must then consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Mr Parveen had not complied with condition 8202(2) because he was not enrolled in a registered course of study at the time his visa was cancelled. This was based on Mr Parveen's admission during the hearing that his Confirmation of Enrolment (COE) had been cancelled by his education provider. While Mr Parveen presented evidence of personal difficulties, including family bereavement and a physical accident, which impacted his ability to study, the Tribunal concluded that these circumstances did not negate the fact that he was not enrolled in a registered course. After considering the discretionary factors, including the purpose of his stay and the matters raised by Mr Parveen, the Tribunal affirmed the decision to cancel his visa.