Shoaib (Migration)

This matter concerned an appeal by the applicant against the decision of a delegate to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course after 22 June 2018. The Tribunal was required to determine whether the applicant had breached this condition and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal first considered whether the applicant had complied with condition 8202, which mandates enrolment in a full-time registered course and satisfactory course progress and attendance. The applicant conceded that he was not enrolled in a registered course from 22 June 2018 until 2 September 2019, thereby establishing a breach of the condition. The Tribunal then turned to the exercise of discretion regarding cancellation, examining factors such as the purpose of the visa, the extent of compliance, potential hardship, and the circumstances giving rise to the non-compliance.

The applicant contended that significant stress and a medical condition diagnosed in October 2018, which required hospitalisation and a nine-month treatment course, prevented him from studying. However, the Tribunal found that the medical evidence did not establish that these issues were contemporaneous with the period of non-enrolment in June 2018, nor did it demonstrate that the applicant's inability to study was beyond his control at that time. While acknowledging the applicant's subsequent medical issues and the stress he experienced, the Tribunal concluded that these did not excuse the initial failure to maintain enrolment. The Tribunal affirmed the delegate's decision to cancel the applicant's visa.