SAMBU (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) – Subclass 573 (Higher Education Sector) visa was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision by the delegate.

The Tribunal was required to determine if the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, this involved assessing whether the applicant was enrolled in a registered course, had made satisfactory course progress, and had maintained satisfactory course attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the applicant's circumstances and departmental guidelines.

The Tribunal found that the applicant had breached condition 8202(2) by not being enrolled in a registered course since July 2016, a fact conceded by the applicant. In considering the discretion to cancel, the Tribunal noted the applicant's stated family and financial difficulties, including his father's illness and his mother's passing, as well as attempts to re-enrol in other courses and employment. However, the Tribunal found that the applicant had not provided evidence of a compelling need to remain in Australia, nor had he demonstrated significant hardship that would outweigh the breach. The Tribunal also noted that the applicant had not pursued available avenues, such as appealing the denial of a release letter, and gave little weight to the claimed financial or emotional hardship.

Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's visa, concluding that the circumstances did not warrant a different outcome.