Thapa K C (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Thapa K C concerning the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to maintain enrolment in a registered course, thereby breaching condition 8202 of his visa. This non-enrolment had persisted for an extensive period.

The primary legal issue before the Tribunal was whether the applicant had established sufficient grounds to set aside the delegate's decision to cancel his visa. Specifically, the Tribunal had to determine if the applicant's claims of intermittent migraine headaches constituted a valid reason for his prolonged failure to maintain enrolment in a registered course, as required by his visa conditions.

The Tribunal found that the applicant had not provided credible medical evidence to substantiate his claims of intermittent migraine headaches. In the absence of such evidence, the Tribunal concluded that the applicant had not demonstrated a compelling reason for his extensive period of non-enrolment. Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.