Patel (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa held by Mr Patel. The dispute arose because Mr Patel had ceased to be enrolled in a registered course, thereby failing to comply with condition 8202(2)(a) of his visa. The Department of Home Affairs had issued a Notice of Intention to Consider Cancellation, and Mr Patel had responded with explanations for his non-compliance.

The primary legal issue before the Tribunal was whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether the Tribunal should exercise its discretion to cancel the visa. The Tribunal was required to consider the applicant's submissions regarding his divorce, serious health issues including Crohn's disease, academic difficulties, and his subsequent enrolment in a vocational hospitality course. The Tribunal also had regard to the Department's Procedures Advice Manual concerning visa cancellation powers.

The Tribunal found that the ground for cancellation under s 116(1)(b) was established due to the applicant's failure to maintain enrolment in a registered course. While acknowledging the applicant's compelling circumstances, including his health and personal difficulties, the Tribunal ultimately concluded that, on balance, the visa should be cancelled. The Tribunal affirmed the decision to cancel Mr Patel's visa.