Ranabhat (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by the applicant, Ranabhat. The dispute arose because the applicant was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether 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, weighing the circumstances of the case against the reasons for cancellation.

The Tribunal found that the applicant had breached condition 8202(2) as her enrolment in a Bachelor of Professional Accounting degree was cancelled due to non-payment of fees, and she was not enrolled in any registered course at that time. While the applicant presented reasons for her non-enrolment, including financial difficulties supporting her father and concerns about his health, and later demonstrated an ability to successfully complete units of study, the Tribunal concluded that the reasons for cancelling the visa outweighed any considerations in favour of retaining it.

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