Rameez (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, 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. The applicant did not dispute that for a substantial period, from March 2016 to January 2017, he was not enrolled in a registered course, thereby failing to comply with this condition.

The Tribunal was required to determine two key issues: first, whether the applicant had breached condition 8202(2) of his visa by failing to maintain enrolment in a registered course; and second, if a breach was established, whether the discretion to cancel the visa should be exercised. The applicant contended that personal difficulties and inadequate advice from a former migration agent explained his non-compliance, and that he had a compelling need to remain in Australia to pursue higher education not available in his home country.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course for the specified period. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's original intention to study in Australia and his claims of a compelling need to remain. However, the Tribunal was not satisfied that the applicant had demonstrated a powerful or convincing reason to stay, finding that his claims regarding poor migration agent advice did not account for his failure to maintain enrolment and were not relevant to a compelling need to remain. While acknowledging some hardship would result from cancellation, the Tribunal concluded that the fundamental breach of failing to maintain enrolment weighed heavily against the applicant, and ultimately affirmed the decision to cancel the visa.