Pulicharla (Migration)

The Administrative Appeals Tribunal considered the case of an Indian national whose Student (Temporary) (Class TU) visa was cancelled. The dispute arose because the applicant had failed to maintain enrolment in a registered course of study, a breach of condition 8202 of the *Migration Regulations 1994*. The applicant sought review of the delegate's decision to cancel his visa.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2) of his visa, which requires a student visa holder to be enrolled in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances of the case.

The Tribunal found that the applicant had indeed breached condition 8202(2) as he had not been enrolled in a registered course from 17 December 2019 until the date of the delegate's decision on 23 September 2020. While the applicant provided reasons for his non-enrolment, including his father's illness, family financial difficulties, and personal health concerns, the Tribunal concluded that these circumstances did not outweigh the established breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.