Thomas (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by an Indian national. The applicant's visa was cancelled by the Department because he failed to comply with condition 8202(2) of his visa, which required him to be enrolled in a registered course. The applicant had not been enrolled in a registered course between 1 August 2017 and 19 March 2018.

The Tribunal was required to determine whether the applicant had breached condition 8202(2) of his visa and, if so, whether the discretion to cancel the visa should be exercised. Condition 8202(2) mandates that a student visa holder must be enrolled in a registered course. The Tribunal noted that the applicant's visa was granted on the basis of enrolment in a Higher Education Sector registered course, but he later enrolled in a Diploma of Early Childhood studies, which was subsequently cancelled.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course during the specified period. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's explanation for his circumstances, including his claimed depression and financial difficulties, and the fact that he had subsequently enrolled in various courses. However, the Tribunal concluded that the purpose of the student visa, which is to undertake study in Australia, had not been fulfilled, and on balance, the cancellation of the visa should be affirmed. The Tribunal affirmed the decision to cancel the applicant's visa.