Qamar (Migration)

This matter concerned an appeal by the applicant, Qamar, against the decision to cancel his Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the cancellation decision was correct.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of his visa, specifically condition 8202(2)(a) of Schedule 8 of the Migration Regulations 1994, which requires a visa holder to be enrolled in a registered course. The Tribunal also considered whether any international obligations, such as non-refoulement or the best interests of children, would be breached by the cancellation, and whether there were any other relevant matters to consider.

The Tribunal found that the applicant had been granted his visa on 2 June 2016 but had not been enrolled in a registered course between 26 October 2016 and 26 June 2017, thereby failing to comply with condition 8202(2)(a). While acknowledging the applicant's stated reasons for ceasing studies, including family financial difficulties and the education provider moving campus, the Tribunal determined that these circumstances did not constitute exceptional circumstances justifying a failure to comply with the visa condition. The Tribunal also found no evidence of a breach of international obligations or any other relevant matters that would favour the applicant.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 573 visa.