Zafar (Migration)

The Administrative Appeals Tribunal considered the case of Zafar, an applicant whose Student (Temporary) (Class TU) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance. The applicant claimed administrative error, circumstances beyond her control including health issues and a motor vehicle accident, and reliance on incorrect oral advice regarding her enrolment.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994, specifically whether she was enrolled in a registered course between October 2016 and March 2017. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's circumstances and the purpose of her stay in Australia.

The Tribunal found that the applicant had not complied with condition 8202(2) as the evidence, including PRISMS records and academic transcripts, indicated she was not enrolled in a registered course for a period of almost five months. Despite acknowledging the applicant's academic achievements and accepting her claims of a genuine relationship with her Australian citizen partner and her desire to remain in Australia to potentially conceive a child, the Tribunal concluded that these factors did not constitute a compelling need to remain in Australia. The Tribunal noted that the applicant had completed her studies and her intention to seek employment or potentially undertake further study did not override the visa condition breach.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal also noted that the applicant might be eligible for a Bridging Visa E to remain in Australia while her Partner visa application was processed.