Sapkota (Migration)

The Administrative Appeals Tribunal considered the case of Mr Sapkota, the holder of a Subclass 500 (Student) visa. The dispute concerned the cancellation of Mr Sapkota's visa by the Department of Home Affairs. The Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether Mr Sapkota had breached condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain that enrolment. The Tribunal also had to consider whether, if a breach had occurred, the discretion to cancel the visa should be exercised.

The Tribunal found that Mr Sapkota had breached condition 8202(2)(a) as he was not enrolled in a full-time registered course from 26 July 2021, as evidenced by information from the Provider Registration and International Students Management System (PRISMS). While acknowledging the applicant's submissions regarding emotional hardship due to the COVID-19 pandemic, job loss, and family issues, the Tribunal concluded that these factors did not outweigh the seriousness of the non-compliance. The Tribunal affirmed the decision to cancel Mr Sapkota's visa.