Regmi (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant had been enrolled to study a University Foundation course at UTS, followed by a Bachelor of Nursing. The visa was cancelled on the basis that the applicant had not maintained enrolment in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994 (Cth). The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant had complied with condition 8202 and, if not, whether the discretion to cancel the visa should be exercised.

The Tribunal considered whether the applicant had complied with condition 8202, which relevantly requires a visa holder to be enrolled in a full-time registered course and to maintain that enrolment. The applicant did not dispute that she had not been enrolled in a full-time registered course from 16 November 2018 to 3 March 2020, following the cancellation of her enrolment at UTS. Accordingly, the Tribunal found that the applicant had failed to comply with condition 8202(2)(a) of the Regulations.

Having found a breach of a visa condition, the Tribunal then considered its discretion to cancel the visa. It had regard to the applicant's original purpose for travel, which was to study, and her stated desire to study and gain qualifications in Australia as her "dream" and "last chance" for a career in Nepal. However, the Tribunal was not satisfied that the applicant had a compelling need to remain in Australia to study, nor that she had demonstrated a powerful or convincing reason for needing to stay. While acknowledging the applicant's disappointment and mental health struggles, the Tribunal concluded that these factors did not outweigh the finding of non-compliance with a material visa condition.

The Tribunal affirmed the decision to cancel the applicant's visa.