Thapa (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by Mr Thapa against the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to cancel his Student (Temporary) (Class TU) visa, subclass 500 (Student). The cancellation was based on the ground that Mr Thapa was not enrolled in a registered course, a failure to meet a condition of his visa.

The Tribunal was required to determine whether the Minister's decision to cancel Mr Thapa's visa was the correct or preferable decision. This involved considering whether the discretion to cancel the visa should have been exercised, taking into account all relevant factors, including Mr Thapa's personal circumstances and the purpose of his stay in Australia.

In its reasoning, the Tribunal acknowledged Mr Thapa's submission that a long-standing gambling problem had contributed to his failure to maintain enrolment. However, it found that Mr Thapa had not demonstrated a compelling need to remain in Australia. The Tribunal weighed this against the fact that he had not met a fundamental visa condition and concluded that the cancellation decision was the correct and preferable one. The Tribunal affirmed the Minister's decision to cancel Mr Thapa's visa.