Sharma (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), was cancelled. The dispute arose from the applicant's alleged breach of visa condition 8202, specifically the requirement to be enrolled in a registered course. The applicant had been notified by the Department that his enrolment in a Bachelor of Business was cancelled due to non-commencement, leading to the potential cancellation of his visa under section 116(1) of the Migration Act 1958.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances of the case. The applicant had provided various documents to dispute the grounds for cancellation, including explanations for his enrolment issues, evidence of prior study, psychological and medical reports, and a new offer of enrolment.

The Tribunal found that the applicant had indeed breached condition 8202(2) as he was not enrolled in a registered course for a period exceeding eight months. Despite acknowledging the applicant's stated desire to study and the financial and emotional difficulties faced by his family, the Tribunal considered the prolonged period of non-enrolment to be a serious breach of a student visa condition. The Tribunal concluded that the applicant had not demonstrated a reasonable degree of compliance with the study purpose and conditions of his visa.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 573 visa.