Thakuri (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Student (Temporary) (Class TU) visa, specifically Subclass 573 (Higher Education Sector). The dispute arose because the applicant was found not to be enrolled in a registered course, which constituted a ground for cancellation under the Migration Regulations 1994. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's Subclass 573 visa should be cancelled, notwithstanding that he had not complied with condition 8202(2)(a) of the visa, which requires the holder to be enrolled in a registered course. The Tribunal was required to consider the discretion to cancel the visa, taking into account the circumstances that led to the non-compliance and any other relevant matters, including potential breaches of international obligations.

The Tribunal found that the applicant had not been enrolled in a registered course since September 2016, a period of nearly three years prior to the decision. While the applicant provided reasons for his lack of enrolment, including his mother's health issues, financial difficulties, and personal mental health issues, the Tribunal placed low weight on these submissions. This was particularly due to the applicant's acknowledgement of providing a financial guarantee to support his studies and his inability to provide documentation to substantiate his claims. The Tribunal also found no indication that cancelling the visa would breach any international obligations, such as non-refoulement or the best interests of children.

Ultimately, the Tribunal concluded that the circumstances leading to the applicant's course enrolment cancellation were not exceptional. Considering all matters, the Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.