SANGA (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by the applicant. The dispute arose because the applicant was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had complied with condition 8202 of the visa, specifically whether they were enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's submissions and relevant government policy guidelines.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course since November 2015. However, in considering the exercise of discretion, the Tribunal gave significant weight to extenuating circumstances beyond the applicant's control. These included the collapse of their education provider, subsequent delays in enrolling in a new course, financial difficulties, and family issues, including a sister's cancer diagnosis and reliance of a mother and wife. The Tribunal also noted the applicant's previous satisfactory study history and genuine intention to continue studying.

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