Rana (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Rana, who sought to have the cancellation of her Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), set aside. The dispute arose from Ms. Rana's failure to maintain enrolment in a registered course of study, which led to the cancellation of her visa.

The Tribunal was required to determine whether Ms. Rana had complied with the conditions of her visa, specifically condition 8202(2) regarding enrolment in a registered course. If non-compliance was found, the Tribunal then had to consider whether to exercise its discretion to set aside the cancellation decision, taking into account the circumstances presented by Ms. Rana.

The Tribunal found that Ms. Rana had not been enrolled in a registered course, thus breaching condition 8202(2). However, in exercising its discretion, the Tribunal had regard to the compelling circumstances Ms. Rana faced. These included significant emotional distress and mental health issues stemming from the 2015 Nepal earthquake, which tragically impacted her family and led to her inability to continue her studies. Furthermore, the Tribunal noted that the educational institution in which Ms. Rana subsequently enrolled, Elite Education Institute, was found by TEQSA to have significant issues with academic integrity and the quality of education provided, rendering her study there not worthwhile. The Tribunal also considered Ms. Rana's strong desire to complete her studies to meet her father's expectations and secure future career prospects in Nepal, as well as her supportive relationship with her partner who is also studying in Australia.

The Tribunal set aside the decision to cancel Ms. Rana's visa and substituted a decision not to cancel her Subclass 573 Higher Education Sector visa.