Sharma (Migration)

The Administrative Appeals Tribunal considered the case of Sharma, an applicant for a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute concerned the cancellation of the applicant's visa, which was based on an alleged breach of visa conditions. The applicant had been enrolled in a registered course, but this enrolment was cancelled due to non-commencement.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically whether they had been enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had indeed breached condition 8202(2) of the Regulations, as they were not enrolled in a registered course between 21 April 2017 and 15 November 2017, an admission the applicant made. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's evidence, including confirmations of subsequent enrolments in new courses, as well as personal circumstances such as the health of the applicant's father and the applicant's own mental health. Despite these mitigating factors, the Tribunal concluded that the visa cancellation should be affirmed.