Saroj (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 500 visa was cancelled. The dispute arose because the applicant was not enrolled in a registered course of study for a significant period, which constituted a breach of visa condition 8202.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically by failing to be enrolled in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course between 23 April 2018 and 7 March 2019. In exercising its discretion regarding cancellation, the Tribunal noted that the applicant's original purpose of studying had shifted towards employment, and he had not demonstrated a compelling need to remain in Australia. While acknowledging that the cancellation would cause some hardship, particularly given the applicant's expressed disappointment and past stressful experiences, the Tribunal concluded that the fundamental breach of visa conditions, coupled with the changed purpose of stay, weighed against the applicant.

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