Sharma (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Sharma, who sought review of the delegate's decision to cancel their Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's failure to maintain enrolment in a registered course for more than 12 months, having not commenced studies and having had their enrolment cancelled by their provider. The applicant had also previously failed to complete a Bachelor's course on an earlier visa.

The Tribunal was required to determine whether the delegate had erred in cancelling the applicant's visa, specifically whether the applicant had met the criteria for a mandatory cancellation under s 501(3A) of the *Migration Act 1958* (Cth) or whether the delegate had exercised their discretion under s 501(2) of the Act appropriately. The Tribunal also had to consider whether there were substantial grounds for the applicant to have failed to maintain enrolment and whether these circumstances warranted setting aside the delegate's decision.

In its reasoning, the Tribunal acknowledged the applicant's stated reasons for non-commencement and enrolment cancellation, including family illness and emotional turmoil, as well as their employment while continuing to breach visa conditions. However, the Tribunal found that these circumstances did not provide a sufficient basis to override the mandatory cancellation provisions or to exercise discretion in favour of the applicant. The Tribunal noted the applicant's history of non-compliance with visa conditions, including the prior failure to complete a course, which weighed against granting a visa. The Tribunal ultimately affirmed the delegate's decision to cancel the visa.