Shujah (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant had been granted the visa to study in Australia and was financially supported by his parents. The visa was cancelled on the basis that the applicant had breached condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994, and if not, whether the discretion to cancel the visa should be exercised. Condition 8202 requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The Tribunal was required to consider the applicant's explanations for his non-compliance, including financial hardship experienced by his parents, and to determine if these circumstances outweighed the breach of the visa condition.

The Tribunal found that the applicant had indeed breached condition 8202(2) as he was not enrolled in a registered course of study since 8 July 2015, a fact he admitted. While the Tribunal accepted the applicant's stated purpose for travel was to study and acknowledged the financial difficulties faced by his parents, it concluded that these factors did not justify exercising discretion against cancellation. The Tribunal considered the applicant's explanations cumulatively and on balance, ultimately determining that the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.