Rana (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course of study. The applicant claimed hardship due to an earthquake in Nepal, arguing this prevented her from returning.

The Tribunal was required to determine if the applicant had complied with condition 8202 of her visa, specifically whether she was enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account any compelling circumstances presented by the applicant.

The Tribunal found that the applicant had not been enrolled in a registered course for approximately eleven months, thereby breaching condition 8202(2)(a) of her visa. While the applicant claimed hardship due to the Nepal earthquake and presented arguments about her family's potential disappointment and difficulties in finding employment upon return, the Tribunal was not satisfied that these constituted compelling circumstances preventing cancellation. The Tribunal noted that the applicant's family would still accommodate her and that she likely could find work commensurate with her skills in Nepal, despite not completing a degree in Australia. A belated attempt to seek a new Confirmation of Enrolment shortly before the hearing was deemed insufficient to outweigh the established breach.

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