Sharma (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa. The applicant had been granted the visa on 16 July 2014. The dispute arose because the applicant had not been enrolled in a registered course of study since 15 February 2017, thereby failing to comply with condition 8202(2)(a) of the Migration Regulations 1994. The decision under review was made by the Administrative Appeals Tribunal, with Joseph Lindsay serving as the Member.

The primary legal issue before the Tribunal was whether the applicant's Student visa should be cancelled due to non-compliance with the enrolment condition. This involved considering whether any exceptional circumstances existed that would warrant a different outcome, and whether the cancellation would breach any international obligations, including non-refoulement and the best interests of children as a primary consideration. The Tribunal also considered other relevant matters raised by the applicant.

The Tribunal reasoned that the applicant had failed to comply with condition 8202(2)(a) by not being enrolled in a registered course since February 2017. The Tribunal found that the circumstances leading to the cancellation of the applicant's enrolment were not exceptional. Regarding international obligations, the applicant indicated concerns about returning to India, citing issues in Kashmir and potential resettlement difficulties, but ultimately confirmed he had not been persecuted. The Tribunal placed low weight on these submissions and found no indication of a breach of international obligations. Similarly, the applicant's expressed desire for more study and disappointment in himself were also given low weight. The Tribunal concluded that, considering all circumstances, the visa cancellation was appropriate.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 573 Higher Education Sector visa.