Shakeel (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The applicant had been granted the visa on 11 December 2015. The cancellation was based on the applicant's failure to remain enrolled in a registered course of study between 25 November 2016 and 6 June 2017, which constituted a breach of condition 8202 of the Migration Regulations 1994. The applicant acknowledged this failure during the proceedings before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, and if so, whether the discretion to cancel the visa should be exercised. Condition 8202 requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The Tribunal was also required to consider whether any international obligations, such as non-refoulement, would be breached by the cancellation, and any other relevant matters raised by the applicant.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by not being enrolled in a registered course of study during the specified period. The Tribunal considered the applicant's submissions regarding a change of agents and a request for additional time to prepare for the hearing, but noted that the applicant had already been granted an extension. The Tribunal also considered the applicant's statement that he had no fear of returning to Pakistan and that his life was at stake, but concluded that these matters did not outweigh the established breach of the visa condition. The Tribunal determined that the circumstances leading to the enrolment cancellation were not exceptional and that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.