THAPA (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of THAPA concerning the cancellation of a Student (Temporary) (Class TU) Subclass 573 visa. The applicant, Mr. Thapa, had his visa cancelled by the Department of Home Affairs because he was not enrolled in a registered course, a condition of his visa. Mr. Thapa had cancelled his enrolment in his original course and subsequently changed his study pathway, with the Tribunal finding his primary motivation for remaining in Australia was work rather than study.

The central legal issue before the Tribunal was whether the Department's decision to cancel Mr. Thapa's visa was justified under the Migration Act 1958 (Cth). This required the Tribunal to assess whether Mr. Thapa had complied with the conditions of his visa, specifically the requirement to maintain enrolment in a registered course, and whether there were any compelling reasons to set aside the cancellation decision.

The Tribunal affirmed the Department's decision, finding that Mr. Thapa had failed to maintain enrolment in a registered course as required by his visa conditions. It noted that his actions, including cancelling his initial enrolment and changing his study pathway, indicated a lack of genuine commitment to his studies. Furthermore, the Tribunal found no evidence of exceptional circumstances or hardship that would warrant setting aside the cancellation. The applicant's stated motivation for remaining in Australia was primarily work-related, which did not satisfy the purpose of a student visa.