Tushar Kumar (Migration)

This matter concerned the review of a decision to cancel the Student (Temporary) (Class TU) Subclass 573 (Higher Education Sector) visa of the applicant, Tushar Kumar. The dispute arose from the applicant's failure to maintain enrolment in a registered course of study between 24 February 2017 and 14 September 2017, which constituted a failure to comply with condition 8202(2)(a) of his visa. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's visa should be cancelled, considering the circumstances that led to his lack of enrolment. This involved assessing whether those circumstances constituted exceptional reasons that would warrant discretion against cancellation. A secondary issue was whether the cancellation of the visa would breach any international obligations, including non-refoulement and the best interests of children as a primary consideration.

The Tribunal found that the applicant had not been enrolled in a registered course of study during the specified period, thereby breaching visa condition 8202(2)(a). The Tribunal placed low weight on the applicant's claims regarding fears of returning to India, noting his uncertainty and lack of specific threats. His wife's evidence also did not establish any concrete fears or threats. The Tribunal concluded that the circumstances leading to the cancellation of his course enrolment were not exceptional. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.