Sharma (Migration)

This matter concerned the review of a decision by the Department of Immigration and Border Protection to cancel the applicant's Subclass 573 Higher Education Sector (Temporary) visa. The applicant, Ms. Sharma, was enrolled in a course of study in Australia. The dispute centred on whether the applicant had complied with the conditions of her visa, specifically the requirement to remain enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with condition 8202(2)(a) of the Migration Regulations 1994, which mandates that a visa holder be enrolled in a registered course. The Tribunal was also required to consider whether there were exceptional circumstances that warranted the exercise of discretion to set aside the cancellation decision, including any potential breach of international obligations or the best interests of any children.

The Tribunal found that the applicant had not been enrolled in a registered course of study since 22 November 2016, thereby failing to comply with condition 8202(2)(a). The Tribunal considered the applicant's submissions regarding family tension, lack of social support, and potential stress and depression upon return to India. However, the Tribunal placed low weight on these matters, noting the absence of medical documentation to support the claims of depression and that the issues raised had been previously discussed. The Tribunal concluded that the circumstances leading to the cessation of enrolment were not exceptional and that the visa cancellation decision should be affirmed.