Sharma (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Sharma, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether Mr. Sharma had breached a condition of his visa, leading to its cancellation by the Department.

The primary legal issue before the Tribunal was whether Mr. Sharma had complied with visa condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if he had maintained enrolment in a full-time registered course of study as required by the condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors.

The Tribunal found that Mr. Sharma had not complied with condition 8202(2)(a) as he failed to maintain enrolment in a full-time registered course for a period of approximately five months. He had not studied since at least May 2020 and had not commenced the courses for which he was enrolled. While Mr. Sharma provided reasons for his non-compliance, including adjustment difficulties and personal problems, he did not dispute the factual basis for the cancellation. In considering the discretion to cancel, the Tribunal found that while Mr. Sharma would suffer some hardship, he had not demonstrated a compelling need to remain in Australia, and his original intention for travel was solely to study. Consequently, the Tribunal affirmed the decision to cancel Mr. Sharma's visa.