Zia (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Student (Temporary) (Class TU) visa. The applicant had failed to maintain enrolment in a registered course of study, thereby breaching condition 8202 of his visa. Despite an extended period of non-enrolment, the applicant contended that the COVID-19 pandemic had hindered his ability to enrol and study.

The central legal issue before the Tribunal was whether the applicant had made a genuine attempt to enrol in and undertake a registered course of study, or if circumstances such as the COVID-19 pandemic reasonably excused his non-compliance with visa condition 8202. The Tribunal was required to determine if the applicant's explanation for his prolonged period of non-enrolment was sufficient to warrant setting aside the delegate's decision to cancel his visa.

The Tribunal found that the applicant had not made any real attempt to enrol in an alternative registered course after his previous enrolments were cancelled. It was not satisfied that the COVID-19 pandemic had prevented the applicant from engaging in productive study, particularly given his lack of proactive steps to find new study arrangements. Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.