PATEL (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Patel, who sought review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The cancellation was based on Mr Patel's failure to maintain enrolment in a registered course and his limited academic progress. Mr Patel contended that medical issues, coupled with the significant travel time required for his studies, contributed to his difficulties.

The Tribunal was required to determine whether the delegate's decision to cancel Mr Patel's visa was the correct or preferable decision. This involved assessing whether Mr Patel had met the criteria for maintaining his enrolment and academic progress as required by the *Migration Regulations 1994* (Cth), and whether there were any compelling reasons to exercise discretion in his favour despite the breaches.

In reaching its decision, the Tribunal acknowledged the medical issues and travel time Mr Patel raised as mitigating factors. However, it found that these factors did not sufficiently explain the extent of his academic underperformance or his failure to maintain enrolment. The Tribunal applied the principles of the *Migration Regulations*, which mandate satisfactory academic progress and continuous enrolment for student visa holders. Ultimately, the Tribunal concluded that the delegate's decision to cancel the visa was the correct and preferable one, and therefore affirmed the decision under review.