Ram (Migration)

The Administrative Appeals Tribunal considered the case of a student visa holder from Fiji whose visa was cancelled by the Department of Home Affairs. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a registered full-time course of study. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had breached condition 8202 as he had not been enrolled in a registered course since May 2021, a period of fourteen months by the time the Notice of Intention to Consider Cancellation was issued. While the applicant provided reasons for his non-compliance, including personal difficulties, marital breakdown, financial hardship related to selling a business, and issues with his education provider, the Tribunal determined that these circumstances did not outweigh the significant breach of the visa conditions. The Tribunal noted that the applicant's non-engagement in study meant he was not fulfilling the purpose for which his student visa was granted.

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