Shukla (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector. The applicant, who had ceased studies, was an unmarried sole parent of an Australian citizen child and claimed to have a close bond with an Australian citizen who was providing support. The applicant argued that she was not a genuine student and that her circumstances, including an unplanned pregnancy and the death of her mother, justified the reinstatement of her visa.

The primary legal issue before the court was whether the applicant had failed to comply with a condition of her visa, specifically the requirement to be enrolled in a registered course and to maintain satisfactory course progress. If non-compliance was established, the court was required to consider whether the discretion to cancel the visa should be exercised, having regard to the applicant's circumstances and relevant departmental guidelines.

The court found that the applicant had failed to comply with a condition of her visa. In considering the exercise of discretion to cancel the visa, the court had regard to the applicant's explanation for her non-compliance, including an unplanned pregnancy, medical advice to refrain from attending classes, the cessation of support from her family in India, the death of her mother, and her role as the sole parent of an Australian citizen child. The court also considered the applicant's claims of a close bond with an Australian citizen providing support, her employment as a cleaner and carer, and her fears of danger and abuse if she and her child were to return to India. The court noted the applicant's emotional suffering and the potential severe impact on her child and her relationship with her supporter if the visa was not reinstated.

The court affirmed the decision to cancel the applicant's visa.