Powar (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa was cancelled. The applicant had been granted the visa to study in Australia but was found to have breached a condition of that visa. The central dispute was whether the cancellation of the applicant's visa was justified.

The Tribunal was required to determine whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to assess if the applicant remained enrolled in a registered course of study and whether they had made satisfactory course progress and attendance. If a breach of condition 8202 was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account relevant factors.

The Tribunal found that the applicant had breached condition 8202(2) by failing to be enrolled in a registered course for a period of one year, from 7 February 2016 to 14 February 2017. The applicant admitted to ceasing attendance due to difficulties paying fees. In exercising its discretion regarding cancellation, the Tribunal considered the applicant's original purpose of study, their stated desire to resume studies, and the lack of evidence of completed study over five years in Australia. While acknowledging potential financial and emotional hardship, the Tribunal concluded that the applicant had not demonstrated a compelling need to remain in Australia and that the failure to maintain enrolment was a fundamental breach.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.