Sharma (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Sharma, who held a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The dispute arose from the cancellation of this visa. Sharma had initially been granted a course deferral due to stress and anxiety and had received permission to enrol in a reduced load course. However, Sharma subsequently ceased studying and was not enrolled in a registered full-time course, which meant a Certificate of Enrolment (COE) could not be obtained.

The primary legal issue before the Tribunal was whether the cancellation of Sharma's visa was justified under the relevant migration legislation. Specifically, the Tribunal had to determine if Sharma had complied with the conditions of her visa, particularly those relating to maintaining enrolment in a registered course of study and meeting the requirements for full-time study.

The Tribunal affirmed the decision to cancel Sharma's visa. It reasoned that Sharma had failed to meet the fundamental obligations of her student visa, which included maintaining enrolment in a registered course of study and undertaking full-time study. The inability to obtain a COE was a direct consequence of this non-compliance. The Tribunal applied the principles of the *Migration Act 1958* (Cth) and associated regulations, which mandate that student visa holders must maintain satisfactory enrolment and progress in their approved course of study. Sharma's circumstances, including the deferral and subsequent cessation of study without re-enrolment, did not satisfy these requirements.