1507732 (Migration)

The Administrative Appeals Tribunal considered whether to affirm the cancellation of the applicant's student visa. The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course.

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. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's stated reasons for non-compliance and relevant government policy guidelines.

The Tribunal found that the applicant had breached condition 8202(2) as she was not enrolled in a registered course from May 2014 until the cancellation of her visa. The applicant had been provided with a Notice of Intention to Cancel Visa (NOICC) and had not provided evidence of enrolment or attended a hearing to present arguments. While the applicant stated she decided to teach herself at home because she was not learning at school, the Tribunal found this explanation unpersuasive, particularly given the significant period of non-compliance and the lack of further information provided to the Tribunal. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.