Waked (Migration)

The Administrative Appeals Tribunal considered the case of Waked, an applicant for a Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa. The dispute concerned the cancellation of the applicant's visa by the Department of Home Affairs, which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had failed to maintain enrolment in a registered course of study, as required by the visa conditions, and if so, whether the Department's decision to cancel the visa should be affirmed.

The Tribunal found that the applicant had not been enrolled in a registered course since 30 April 2017, thereby breaching condition 8202(2)(a) of his visa. In considering whether to exercise discretion to cancel the visa, the Tribunal had regard to the applicant's stated reasons for his lack of enrolment, including family illness and financial difficulties, as well as his own mental health. However, the Tribunal placed little weight on these claims due to a lack of supporting evidence and noted the applicant's limited academic progress, having completed only one course out of three commenced over a significant period. The Tribunal concluded that the applicant had demonstrated little commitment to his studies or maintaining his visa conditions.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.