Verma (Migration)

The Administrative Appeals Tribunal considered the case of Mr Pankaj Verma, who sought review of the delegate's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573. The dispute centred on whether Mr Verma had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to maintain enrolment in a registered course and achieve satisfactory academic progress and attendance. The delegate had cancelled Mr Verma's visa on the basis that he was not enrolled in a registered course between 18 September 2016 and 29 March 2017.

The Tribunal was required to determine whether Mr Verma had complied with condition 8202 of his visa. Specifically, the Tribunal had to assess whether he was enrolled in a registered course during the period in question and, if not, whether there were compelling reasons to exercise discretion and not cancel his visa. The Tribunal also considered the applicant's explanation for the enrolment delay, which he attributed to issues with his previous education provider and subsequent stress and depression.

The Tribunal found that Mr Verma had not complied with condition 8202(2) of the Migration Regulations 1994, as he was not enrolled in a registered course between 18 September 2016 and 29 March 2017. While Mr Verma provided an explanation for this period of non-enrolment, including difficulties with his previous institution and a subsequent delay in obtaining an offer for a new course, the Tribunal was not satisfied that he had provided sufficient evidence to substantiate his claims, particularly regarding the alleged stress and depression. The Tribunal also noted that Mr Verma had been specifically requested to provide supporting evidence for these claims in the Notice of Intention to Consider Cancellation (NOICC) but failed to do so.

Having found a breach of the visa condition, the Tribunal then considered its discretion to cancel the visa. After reviewing the circumstances of the case, including Mr Verma's submissions and relevant departmental procedures, the Tribunal concluded that the visa should be cancelled. Accordingly, the Tribunal affirmed the delegate's decision to cancel Mr Verma's Class TU visa.