Thapa (Migration)

The Administrative Appeals Tribunal considered the case of Mr Thapa, who sought review of the delegate's decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. Mr Thapa had enrolled in a Bachelor of Information Technology course but had not been enrolled in a registered course for approximately eight months. This period of non-enrolment arose from study difficulties, a lack of academic progress, and multiple course enrolments, all of which led to the cancellation of his enrolment.

The Tribunal was required to determine whether the delegate had correctly applied the provisions of the *Migration Act 1958* (Cth) and associated regulations in cancelling Mr Thapa's visa. Specifically, the Tribunal had to consider whether Mr Thapa had failed to maintain enrolment in a registered course, whether he had failed to notify the course provider and the Department of Home Affairs of his circumstances, and whether these failures constituted grounds for mandatory visa cancellation under the relevant legislative provisions. The Tribunal also had to consider whether there were any compelling reasons to not cancel the visa.

In its reasoning, the Tribunal found that Mr Thapa had indeed failed to maintain enrolment in a registered course for a significant period. It also found that he had not adequately informed his course provider or the Department of his study difficulties, his lack of academic progress, or the reasons for his multiple course enrolments. While acknowledging the impact of family illness, the Tribunal concluded that these circumstances did not constitute compelling reasons to set aside the delegate's decision, particularly given Mr Thapa's permanent departure from Australia. The Tribunal affirmed the delegate's decision to cancel the visa.