Shukla (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Shukla, who held a Student (Temporary) (Class TU) visa, subclass 500. The dispute concerned the cancellation of his visa by the Department of Home Affairs. Mr. Shukla had been notified of the intention to cancel his visa due to a breach of condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course.

The Tribunal was required to determine whether Mr. Shukla had breached condition 8202 of his visa. Specifically, the Tribunal had to ascertain if he was enrolled in a registered course as required by regulation 8202(2)(a). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors relevant to the circumstances of the case.

The Tribunal found that Mr. Shukla had not complied with condition 8202(2)(a) as he was not enrolled in a registered course after 26 October 2016, a significant period before the delegate's decision. While acknowledging that the applicant may experience some financial hardship and limitations on future visa applications if his visa was cancelled, the Tribunal weighed this against the substantial period of non-enrolment and the purpose of his visa. The Tribunal concluded that the circumstances warranted the exercise of discretion to cancel the visa.

Consequently, the Tribunal affirmed the decision to cancel Mr. Shukla's Subclass 500 Student visa.