Sharma (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had failed to maintain enrolment in a registered course, which was a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether to exercise its discretion to affirm the cancellation of the visa.

The Tribunal found that the applicant had breached condition 8202(2) of the Migration Regulations 1994, as they had not been enrolled in a registered course since 27 May 2016. While the applicant provided a medical certificate indicating a period of treatment from February to April 2016 and claimed to have suffered mental trauma and encountered difficulties with their education provider, the Tribunal was not satisfied that these circumstances warranted the exercise of discretion to not cancel the visa. The Tribunal noted that it had not had the opportunity to explore the applicant's claims further at a hearing, and the period of non-enrolment was significant.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, on the available information, there were no circumstances that would justify refraining from cancellation.