Puri (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 573 visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The applicant argued that medical reasons and family support constituted compelling circumstances that should have prevented the cancellation of his visa.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994, specifically whether he remained enrolled in a registered course of study. The applicant's visa was cancelled on the basis that he was not enrolled in a registered course after his enrolment in a Bachelor of Information Technology at Holmes Institute was cancelled on 27 April 2018 due to failure to complete studies and re-enrol. The Tribunal also had to consider whether, even if a breach occurred, there were compelling reasons to exercise discretion and not cancel the visa.

The Tribunal found that the applicant had not been enrolled in a registered course of study since 27 April 2018, thereby breaching condition 8202(2) of the Migration Regulations. While acknowledging the applicant's stated intention to complete his degree and the support of his family, the Tribunal concluded that these factors did not constitute compelling reasons to override the breach of the visa condition. The Tribunal noted that the applicant had successfully completed a foundation course in business studies with high results, despite a period of illness, but this did not negate the subsequent failure to maintain enrolment.

The Tribunal affirmed the decision to cancel the applicant's visa.