Zulfiqar (Migration)

This matter concerned an application by Mr Zulfiqar for review of a decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant had been enrolled in a registered course but, due to medical issues, operations, and ongoing difficulties, his enrolment was suspended and subsequently cancelled. He had made attempts to re-enrol and was studying in a different subject area at the time of the review. The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course, and if so, whether the discretion to cancel his visa should be exercised.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Migration Regulations 1994, as he was not enrolled in a registered course between 6 September 2016 and 29 May 2017. Despite this finding of non-compliance, the Tribunal considered the exercise of its discretion regarding visa cancellation. It had regard to the applicant's stated purpose for his stay in Australia, his desire to complete his education, and his intention to return to his home country to contribute to his community. The Tribunal also considered the applicant's personal circumstances, including significant medical issues, mental health struggles, and his mother's health, which had impacted his ability to maintain enrolment and satisfactory academic progress.

In light of the totality of the circumstances, including the applicant's genuine desire to study, the compelling reasons for his past non-compliance, and his efforts to re-engage with his studies in a different field, the Tribunal concluded that the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's visa.