Rulhan (Migration)

This matter concerned an appeal by Anurag Rulhan against the decision of the Department of Home Affairs to cancel his Student (Temporary) (Class TU) visa, subclass 573. The visa was cancelled on the grounds that Mr Rulhan had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically by failing to be enrolled in a registered course of study. The Administrative Appeals Tribunal was required to determine whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether Mr Rulhan had complied with condition 8202 of his visa. This condition mandates that a student visa holder must be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa, taking into account the circumstances presented by Mr Rulhan.

The Tribunal found that Mr Rulhan had not been enrolled in a registered course of study since 10 July 2018, thereby breaching condition 8202(2)(a) of his visa. While acknowledging the significant personal difficulties Mr Rulhan had experienced, including depression, financial problems, and family bereavements, the Tribunal concluded that these circumstances did not outweigh the ground for cancellation. Despite expressing some sympathy for his situation, particularly concerning his relationship, the Tribunal ultimately affirmed the decision to cancel the visa.