TRIKHA (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, held by Mr Trikha. The visa was cancelled due to Mr Trikha's alleged failure to maintain enrolment in a registered course and to provide evidence of course completion. The circumstances leading to this situation included changes to Mr Trikha's course package by his college, the college's denial of evidence of his course completion, and the closure of another educational institution. Furthermore, Mr Trikha was informed that he needed to provide further English qualifications, despite actively pursuing his undergraduate studies. Adverse media coverage concerning educational institutions was also a factor in the background.

The Tribunal was required to determine whether the delegate's decision to cancel Mr Trikha's visa was justified. This involved assessing whether Mr Trikha had breached the conditions of his visa, specifically concerning his enrolment and course completion, and whether there were any compelling reasons to set aside the cancellation decision. The Tribunal also had to consider the impact of the circumstances surrounding his enrolment and the actions of the educational institution on his ability to meet visa requirements.

In its reasoning, the Tribunal found that Mr Trikha had made genuine efforts to comply with his visa obligations. It noted that the changes to his course package were initiated by the college, and the college's failure to provide evidence of his course completion was a significant impediment. The Tribunal also took into account that Mr Trikha was actively pursuing his undergraduate studies and that the adverse media coverage and closure of another college created a challenging environment for international students. Applying principles of fairness and considering the specific factual matrix, the Tribunal concluded that the delegate's decision to cancel the visa was not justified.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision to affirm the visa.