SIDHU (Migration)

This matter concerned the review of a decision to cancel the Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector), held by the applicant. The dispute arose because the applicant was not enrolled in a registered course of study, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had complied with this condition and, if not, whether to exercise its discretion to cancel the visa.

The Tribunal considered whether the applicant had breached condition 8202, which mandates enrolment in a registered course. Evidence indicated that the applicant had ceased enrolment in a registered course from 17 June 2015, approximately 14 months prior to the delegate's decision. Despite the applicant's explanation of financial hardship due to her son's medical expenses, the Tribunal was not satisfied that her present intention in residing in Australia was for the purposes of study. The Tribunal found this breach to be significant.

In exercising its discretion, the Tribunal had regard to the applicant's personal circumstances, including the potential hardship if her visa were cancelled, such as becoming an unlawful non-citizen, facing limitations on future visa applications under s.48 of the Act and PIC 4013, and the general economic conditions in India. However, the Tribunal concluded that the applicant's intention was not for study and that the breach of condition 8202 was significant. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal noted it had no jurisdiction with respect to the other applicant.