THAPA (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994 by ceasing to be enrolled in a registered course of study. The applicant sought review of the delegate's decision to cancel his visa.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of his visa, which requires the holder to be enrolled in a registered course of study. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the purpose of the visa and any compelling need for the applicant to remain in Australia.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course of study for a significant period. The applicant conceded this failure. In considering the discretion to cancel, the Tribunal noted that while the applicant had some intention to study, his progress at the higher education level had been poor since being granted the visa almost six years prior. The Tribunal also observed that some of the courses and institutions attended were not eligible for a higher education visa. Despite acknowledging the disruption caused by the arrival of a child, the Tribunal concluded that the applicant had not demonstrated a compelling need to remain in Australia and that the purpose of his student visa had not been met.

The Tribunal affirmed the decision to cancel the applicant's visa.