Sharma (Migration)

The Administrative Appeals Tribunal considered the case of Mr Sharma, an Indian national holding a Student (Temporary) (Class TU) visa, subclass 573. The dispute arose from the cancellation of Mr Sharma's visa by the Department of Home Affairs due to his failure to comply with the conditions of his visa, specifically condition 8202, which requires a student visa holder to be enrolled in a registered course. Mr Sharma sought a review of this cancellation decision.

The Tribunal was required to determine whether Mr Sharma had breached condition 8202 of the Migration Regulations 1994. This condition mandates that a student visa holder must be enrolled in a registered course and maintain 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 under section 116(1) of the Migration Act 1958 (Cth).

The Tribunal found that Mr Sharma had not complied with condition 8202(2) as he was not enrolled in a registered course between 25 July 2016 and 19 March 2017. While Mr Sharma presented evidence of life stressors and medical issues, and later provided documentation indicating his intention to enrol in a new course, the Tribunal concluded that these factors did not outweigh the seriousness of the non-compliance. The Tribunal considered the purpose of the visa, Mr Sharma's stated desire to obtain a qualification, and his financial capacity to study, but ultimately determined that the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr Sharma's Student (Temporary) (Class TU) visa.