Tekula (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 572, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of their visa. This condition mandates enrolment in a registered course and satisfactory academic progress and attendance, as certified by the education provider. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course during the period of 13 March 2018 to 7 March 2019. While acknowledging the applicant's submissions regarding difficulties in re-enrolling and personal circumstances such as family health issues and a grandmother's death, the Tribunal concluded these did not demonstrate a compelling need to remain in Australia. The Tribunal also noted that while the applicant had not breached other visa conditions, the failure to maintain enrolment in a course of study was a fundamental breach for a student visa holder. Despite accepting that some hardship would be caused by visa cancellation, the Tribunal ultimately affirmed the decision to cancel the applicant's visa.