SHARMA (Migration)

This matter concerned an application to review the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The applicant's visa was cancelled by the Department on the basis that he had failed to maintain enrolment in a registered course of study, thereby breaching condition 8202 of the *Migration Regulations 1994*. The applicant sought to have this decision affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the *Migration Regulations 1994*, specifically subclause (2)(a), which requires the holder to be 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 under section 116(1) of the *Migration Act 1958*.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) as he had not been enrolled in a registered course for approximately nine months prior to the Notice of Intention to Consider Cancellation. While the applicant provided reasons for this lapse, including his mother's serious health issues and his subsequent emotional distress, the Tribunal noted that there was no evidence he had sought to defer his course or obtain assistance for his claimed depression. Despite acknowledging potential hardship and the applicant's stated intention to resume studies, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.