1502365 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 573 Higher Education Sector visa. The dispute arose when the Minister decided to cancel the applicant's visa, and the applicant sought review of this decision.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(fa)(i) of the Migration Act 1958 (Cth) existed, specifically whether the applicant was a "genuine student." The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the ground for cancellation existed, being satisfied that the applicant was not a genuine student. This conclusion was reached after considering the applicant's explanation for her non-attendance at college, which she attributed to pregnancy and post-birth complications, and her assertions regarding her study methods and interview performance. The Tribunal also considered prescribed matters under regulation 2.43 of the Migration Regulations 1994 (Cth) relevant to the assessment of a genuine student. Despite acknowledging the applicant's stated purpose of study and her compliance with visa conditions, and giving some weight to the potential hardship if the visa were cancelled, the Tribunal ultimately concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal noted it had no jurisdiction with respect to other applicants.