Rana (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The applicant's visa was cancelled by the Department on the basis that he had breached condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study. The Administrative Appeals Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether the decision to cancel his visa should be affirmed.

The Tribunal was required to consider whether the applicant had complied with condition 8202, which mandates enrolment in a registered course and satisfactory course progress and attendance. The evidence before the Tribunal indicated that the applicant had not been enrolled in a registered course since May 2016, a fact he conceded at the hearing. The Tribunal also had to consider the exercise of discretion regarding the cancellation of the visa, taking into account the applicant's stated purpose for being in Australia, his compliance with visa conditions, and any hardship that might result from cancellation.

In its reasoning, the Tribunal found that the applicant had failed to comply with condition 8202(2)(a) of his visa, as he was not enrolled in a registered course of study from May 2016 onwards and had not studied in Australia since that date. Despite the applicant's claims regarding his intention to study and his ability to remit funds to his family in Pakistan, the Tribunal was not satisfied that his present intention was to remain in Australia for the purposes of study. The Tribunal considered the applicant's breach of his visa condition to be substantial.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal concluded that, considering all the circumstances, the cancellation of the visa was warranted.