Rahman (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The visa was cancelled on the basis that the applicant was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had complied with condition 8202 and, if not, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Regulations, as they were not enrolled in a registered course from 12 May 2017. This finding was supported by the applicant's own submissions and departmental records. In considering the discretion to cancel the visa, the Tribunal had regard to the circumstances presented by the applicant, including financial difficulties faced by his father due to political instability and unpaid salary, which prevented the payment of the applicant's university fees. The applicant also provided evidence of his father's subsequent appointment letter and a request for more time to provide financial documentation, citing family health issues.

Despite acknowledging the applicant's desire to complete his education and the father's improving financial situation, the Tribunal concluded that the visa should be cancelled. The applicant had been granted extensions to provide evidence of his ability to pay fees but failed to do so by the final deadline of 25 July 2018. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.