Sharma (Migration)

The Administrative Appeals Tribunal considered the case of Sharma, an applicant whose Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had been enrolled in a registered course as required by subclause 8202(2). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's submissions and relevant government policy.

The Tribunal found that the applicant had not been enrolled in a registered course between 21 March 2016 and 29 January 2017, an admission supported by departmental records. This constituted a breach of condition 8202(2). In considering the discretion to cancel, the Tribunal noted the applicant's history of academic difficulties, poor English language skills, inability to pay fees due to his father's business downturn, and repeated failures to maintain enrolment. Despite the hardship presented by the applicant, the Tribunal concluded that these factors did not outweigh the grounds for cancellation. The Tribunal affirmed the decision to cancel the applicant's visa.