Wedana (Migration)

The Administrative Appeals Tribunal considered the case of Wedana, an applicant whose Student (Temporary) (Class TU) Subclass 572 visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory academic progress and attendance.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of his visa. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in a registered course of study and, if not, whether the circumstances surrounding his non-enrolment and the subsequent decision to cancel his visa warranted affirmation of that cancellation.

The Tribunal found that the applicant had not been enrolled in a registered course of study since September 2016, thereby breaching condition 8202(2). While acknowledging the applicant's distress due to his grandmother's illness and death, the Tribunal found these circumstances did not sufficiently justify his prolonged lack of enrolment, particularly as he only sought psychological help after being notified of the potential visa cancellation. The Tribunal considered various factors in exercising its discretion to cancel the visa, including the applicant's purpose for being in Australia, his lack of demonstrated compelling need to remain, the absence of evidence of hardship, and the serious nature of the breach. Ultimately, the Tribunal concluded that the breach was serious, mitigating circumstances were not substantial, and the reasons against cancellation were not compelling. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.