SABHARWAL (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector), held by the applicant. The cancellation was based on the applicant's failure to comply with condition 8202(a) of the Migration Regulations 1994 (Cth), specifically by not being enrolled in a registered course of study since 3 October 2017. The applicant appeared before the Tribunal, assisted by an interpreter, and acknowledged that he was not enrolled in a registered course of study during the period in question, up until he received a notice of intention to consider cancellation of his visa.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations. This condition, as it applied to the applicant, required him to be enrolled in a registered course of study. The Tribunal was also required to consider whether, having established a breach, it should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course of study from 3 October 2017. The applicant's acceptance of this fact was determinative of the ground for cancellation. The Tribunal then considered its discretion to cancel the visa, having regard to all the information before it, including matters raised by the applicant concerning study, accommodation, and personal difficulties, as well as mental health issues and the use of funds sent by his parents. However, the Tribunal also noted that certain information, subject to a certificate under section 376 of the Act, was not taken into account in its determination, and the applicant had declined to comment on this certificate.

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