Sharma (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by the applicant. The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to maintain enrolment in a full-time registered course.

The Tribunal was required to determine whether the applicant had complied with condition 8202 of the Migration Regulations 1994, specifically whether they had maintained enrolment in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not been enrolled in a registered course of study between January 2019 and February 2020, thus establishing a breach of condition 8202(2)(a). However, in considering the discretion to cancel the visa, the Tribunal took into account evidence presented by the applicant's partner and the applicant himself. This evidence suggested the applicant had been scammed by a migration agent, experienced anxiety and depression due to difficulties coping with studies and social interactions, and had intended to change courses. Balancing these circumstances, the Tribunal concluded that the applicant should be granted a final opportunity to complete his studies. Consequently, the Tribunal set aside the decision to cancel the visa and substituted a decision not to cancel the applicant's Subclass 500 (Student) visa.