Sambu (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573, held by the applicant. The dispute arose when the applicant failed to maintain enrolment in a registered course of study, leading to the Department of Home Affairs proposing to cancel his visa. The applicant acknowledged the breach of his visa conditions.

The primary legal issue before the Tribunal was whether the applicant had breached Condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth), which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances of the case.

The Tribunal found that the applicant had indeed breached Condition 8202(2) by not being enrolled in a registered course of study since July 2016. While acknowledging the applicant's stated reasons for the non-enrolment, including financial hardship and a desire to support his wife, the Tribunal was not satisfied that these circumstances constituted a compelling need to remain in Australia. The Tribunal noted that the applicant's original intention was to study, and while he expressed a desire to complete his social work studies, this aim did not demonstrate a compelling need to remain in Australia.

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