SATHINENI (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel the applicant's Subclass 500 (Student) visa. The cancellation was based on the applicant's failure to maintain enrolment in a registered course of study, a breach of condition 8202 of the Migration Regulations 1994. The applicant sought to have this cancellation decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202, which requires a student visa holder to be enrolled in a registered course of full-time study or training. If a breach was established, the Tribunal then had to consider whether the visa should be cancelled, exercising its discretion under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had indeed failed to comply with condition 8202, as he was not enrolled in a registered course between 15 December 2017 and 26 November 2018. The applicant did not dispute this fact, instead providing explanations for his non-enrolment, including family bereavements and a relationship breakdown, which caused him emotional trauma. While acknowledging these circumstances, the Tribunal was satisfied that the factual ground for cancellation was made out. The Tribunal then proceeded to consider whether the visa should be cancelled, noting that there were no mandatory considerations specified in the Act or Regulations for this discretionary step. The Tribunal affirmed the delegate's decision to cancel the visa.