Rijal (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 500 (Student Temporary) visa. The applicant had been granted the visa with condition 8202, which required him to remain enrolled in a registered course of study. The Department of Immigration and Border Protection issued a Notice of Intention to Consider Cancellation after the applicant ceased to be enrolled in his Bachelor of Business course. The applicant responded, citing financial difficulties stemming from the 2015 Nepal earthquake, a subsequent exclusion from his university for academic progression, and mental health stress. He also indicated his intention to complete his studies and provided new enrolment confirmations.

The Tribunal was required to determine whether the applicant had breached condition 8202 of his visa and, if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to consider if the applicant had complied with the requirement to be enrolled in a registered course and whether the circumstances presented by the applicant constituted sufficient grounds to override the cancellation decision.

The Tribunal found that the applicant had breached condition 8202(2)(a) of his visa, as he had not been enrolled in a registered course since 31 August 2017. While acknowledging the applicant's stated financial and mental health difficulties, the Tribunal concluded that these did not amount to extenuating or compassionate circumstances that would warrant excusing the breach. The Tribunal noted that the applicant had been excluded from his university for academic progression and that the responsibility for following up enrolment matters rested with him. Despite the applicant's stated intentions and new enrolment confirmations, the Tribunal ultimately affirmed the decision to cancel the visa.