SAHOTA (Migration)

The Administrative Appeals Tribunal considered the case of SAHOTA, an applicant whose Student (Temporary) (Class TU) visa, Subclass 573, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory academic progress and attendance. The applicant's visa was cancelled on the grounds that he was not enrolled in a registered course for a significant period.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of his visa. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance, as certified by their education provider. If a breach of this condition was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course during the relevant period. While acknowledging the applicant's claims of personal difficulties, family health concerns, and the potential hardship resulting from cancellation, including damage to his family's reputation, the Tribunal was not persuaded that these factors constituted a compelling need to remain in Australia. The Tribunal noted that the applicant had arrived in 2014 to undertake higher education but had only provided evidence of completing a Diploma in Business, not the Diploma and Bachelor in IT he initially intended. Despite considering the applicant's submissions regarding hardship, the Tribunal concluded that the fundamental breach of failing to maintain enrolment in a course of study weighed heavily against him.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.