Wangdi (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 500 (Student) visa. The applicant, Ugyen Wangdi, had his visa cancelled on the basis that he was not enrolled in a registered course, thereby breaching condition 8202 of the *Migration Regulations 1994*. The applicant acknowledged that he had not been enrolled in a registered course since 8 June 2018 and that this constituted grounds for cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the *Migration Regulations 1994*, specifically the requirement to be enrolled in a registered course. If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa. The applicant sought to rely on his intention to apply for a partner visa due to a de facto relationship with an Australian citizen as a reason for not maintaining his student enrolment, and also cited financial difficulties and marital breakdown as contributing factors.

The Tribunal found that the applicant had indeed failed to comply with condition 8202(2)(a) by not being enrolled in a registered course since 8 June 2018. The Tribunal considered the applicant's explanation that his enrolment was cancelled due to non-payment of fees, his subsequent intention to apply for a partner visa, and his marital breakdown. However, the Tribunal concluded that these circumstances did not constitute exceptional reasons to depart from the general power to cancel a visa under s.116(1)(b) of the *Migration Act 1958*.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.