Sandhu (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by the applicant. The dispute arose because the applicant had not maintained enrolment in a registered course of study, which constituted a breach of condition 8202(2)(b) of the Migration Regulations 1994 (Cth).

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Regulations, specifically by failing to maintain enrolment in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the applicant's visa.

The Tribunal found that the applicant had indeed failed to maintain enrolment in a registered course from 22 March 2019 until 1 August 2022. However, in considering the discretion to cancel the visa, the Tribunal gave significant weight to the applicant's evidence regarding his struggles with depression and anxiety, supported by a medical report. The Tribunal also noted the applicant's efforts to re-enrol and his desire to complete his studies in Australia. Taking these circumstances into account, the Tribunal concluded that the visa should not be cancelled.

The Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.