SIDHU (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Home Affairs to cancel Ms. Sidhu's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute arose because Ms. Sidhu was not enrolled in a registered course, which constituted a breach of her visa conditions.

The Tribunal was required to determine whether the grounds for cancellation were made out and, if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal considered the applicant's non-compliance with visa condition 8202, which mandates enrolment in a registered course, and whether there were compelling and compassionate circumstances that warranted setting aside the cancellation decision.

The Tribunal found that while Ms. Sidhu had breached her visa condition by not being enrolled in a registered course for approximately nine months, there were extenuating circumstances beyond her control. These circumstances included significant marital problems, including allegations of physical and mental abuse, which led to severe health effects, depression, and anxiety. Despite these challenges, Ms. Sidhu had made substantial academic progress, completing three courses and being on track to finish her Bachelor of Business Information Systems degree. The Tribunal concluded that her circumstances and academic progress demonstrated that it would be unjust to cancel her visa and therefore decided not to exercise its discretion to cancel.

The Tribunal set aside the Department's decision to cancel Ms. Sidhu's visa and substituted a decision not to cancel the visa.