Virdi (Migration)

The Administrative Appeals Tribunal considered the case of Virdi, who sought review of the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether Virdi had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course.

The Tribunal was required to determine if Virdi had complied with condition 8202(2)(a) of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether Virdi was enrolled in a full-time registered course during the relevant period. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel Virdi's visa, taking into account all relevant factors.

The Tribunal found that Virdi had not complied with condition 8202(2)(a) as he was not enrolled in a full-time registered course between 21 November 2016 and 28 August 2017, following the cancellation of his initial course enrolment due to non-commencement. While Virdi presented personal circumstances, including family health and financial difficulties, and his own physical and mental health issues, as reasons for his non-enrolment and changes in study plans, the Tribunal weighed these against the seriousness of the breach. The Tribunal concluded that, on balance, the circumstances surrounding the ground for cancellation outweighed the mitigating factors, leading it to affirm the decision to cancel Virdi's visa.