Quadri (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573. The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994, which pertains to enrolment and satisfactory course progress for student visa holders. The applicant had arrived in Australia in April 2015 to undertake higher education studies but had subsequently failed all subjects studied across multiple courses and had periods of non-enrolment.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course and had achieved satisfactory course progress and attendance, as required by the condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances presented by the applicant and relevant departmental guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course between 20 January 2017 and 31 August 2017. This constituted a breach of a visa condition, making the visa liable for cancellation under section 116(1)(b) of the Migration Act 1958. While acknowledging the applicant's stated reasons for non-enrolment, including his mother's serious illness and surgery in his home country, personal relationship issues, and mental health concerns, the Tribunal gave these matters only marginal weight. This was due to the applicant's consistent failure to pass any subjects since his arrival in Australia in April 2015, and his subsequent enrolment in another course in September 2017, which also resulted in failure.

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