Tamang (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Tamang, who sought to have the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), set aside. The primary ground for cancellation was the applicant's failure to maintain enrolment in a registered course, a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had demonstrated that the seriousness of his non-compliance with visa conditions had been mitigated by extenuating circumstances, and whether he would suffer significant or severe hardship from the cancellation. The Tribunal also had to consider the applicant's claim of immaturity and a different learning environment as factors favouring the reinstatement of his visa.

The Tribunal acknowledged the applicant's initial purpose for travelling to Australia to study but found that he had failed to demonstrate that his significant non-compliance with condition 8202 was beyond his control. While the Tribunal gave minimal weight to the applicant's background and claimed immaturity, it ultimately concluded that the grounds for maintaining the visa cancellation substantially outweighed any factors favouring its reinstatement. The Tribunal affirmed the decision to cancel the applicant's visa.