Sapkota and Secretary, Department of Education

This matter concerned an application by Mr Sapkota for the remission of a VET FEE-HELP debt incurred for two subjects at Torrens University. Mr Sapkota enrolled in the subjects in September 2017, with a census date of 6 October 2017. He withdrew from the course in November 2017, after the census date, and subsequently applied for his loan account to be recredited, arguing that special circumstances applied. The decision under review, which rejected his application, was heard afresh by Senior Member Dr N A Manetta of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Sapkota's circumstances constituted "special circumstances" that would justify the remission of his VET FEE-HELP debt, despite his withdrawal occurring after the census date. This required the Tribunal to determine if the full impact of any such circumstances on Mr Sapkota occurred on or after the census date.

The Tribunal reasoned that while Mr Sapkota faced significant personal and financial pressures, including full-time work, casual employment, family responsibilities, and the stress of emigrating and settling in Australia, these circumstances had their full impact on him before the census date of 6 October 2017. The Tribunal inferred that Mr Sapkota's decision to enrol was ill-considered given his existing commitments, and that he ought to have withdrawn before the census date once it became apparent he could not manage the study load. As his circumstances did not meet the threshold for "special circumstances" as defined by the relevant legislation, the Tribunal concluded that his case fell outside the scope of what would permit the debt remission.

The Tribunal affirmed the decision under review.