VIVEK (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of a visa holder, referred to as VIVEK, whose Student (Temporary) (Class TU) visa, subclass 500 (Higher Education Sector), was subject to cancellation. The primary dispute concerned the exercise of the Minister's discretion to cancel VIVEK's visa, which was initiated due to VIVEK not being enrolled in a registered course.

The Tribunal was required to determine whether the decision to cancel VIVEK's visa was the correct or preferable one. This involved assessing the various factors that weighed for and against cancellation, including VIVEK's circumstances such as changes in colleges and courses, non-payment of fees, a requirement to relocate to Melbourne for one college, and considerations relating to VIVEK's mental health.

In its reasoning, the Tribunal acknowledged the grounds for cancellation, specifically the failure to maintain enrolment in a registered course as required by the *Migration Act 1958* (Cth) and associated regulations. However, the Tribunal carefully weighed these grounds against mitigating factors presented by VIVEK. The Tribunal considered the impact of the relocation requirement and the challenges VIVEK faced with their mental health, alongside the financial issues related to fee payments. After a comprehensive review of all relevant considerations, the Tribunal affirmed the decision to cancel VIVEK's visa.