Randhawa (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Randhawa, who held a Student (Temporary) (Class TU) visa (Subclass 500). The dispute arose from the cancellation of his visa by the Department of Home Affairs due to alleged breaches of visa conditions. Mr. Randhawa sought review of this decision.

The primary legal issue before the Tribunal was whether Mr. Randhawa had breached condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if he had failed to maintain enrolment in a full-time registered course of study for the period between 29 August 2018 and 3 February 2020, as alleged by the Department. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Mr. Randhawa had not complied with condition 8202(2)(a) of his visa, as he was not enrolled in a full-time registered course for the specified period. While acknowledging Mr. Randhawa's explanations, including issues with a previous education provider, difficulties with his studies, and claims of ill health and depression, the Tribunal found these explanations lacked sufficient corroborating evidence. Crucially, the Tribunal noted that Mr. Randhawa was aware of his breach and, despite his claimed severe ill health, was able to continue working as a pizza delivery driver during the period he claimed to be unable to study. The Tribunal concluded that the circumstances did not warrant exercising discretion against cancellation.

The Tribunal affirmed the decision of the Department of Home Affairs to cancel Mr. Randhawa's Student (Temporary) (Class TU) visa.