Wangdi (Migration)

This matter concerned an appeal by an applicant, a citizen of Bhutan, against the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The applicant's visa was cancelled by the Department on the grounds that he had ceased enrolment in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994. The applicant sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. The Tribunal was also required to consider whether, having found a breach, the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant was not enrolled in a registered course between 8 February 2017 and 7 August 2017, as evidenced by records from the Provider Registration and International Student Management System (PRISMS). Consequently, the applicant had failed to comply with condition 8202(2). In considering the exercise of discretion, the Tribunal noted the applicant's claims of family bereavement and mental distress, but found a significant lack of supporting evidence. Despite being afforded ample opportunity, the applicant failed to provide evidence of his brother's death or the claimed impact on his mental health, leading the Tribunal to infer that such evidence did not exist. The Tribunal also gave no weight to a claim of relationship breakdown raised by the applicant's migration agent, as it was not mentioned in the applicant's original statutory declaration.

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