1511631 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to cancel their Subclass 573 Higher Education Sector visa. The delegate's decision to cancel the visa was not based on a breach of section 8516 of the *Migration Regulations 1994*.

The primary legal issue before the Tribunal was whether to uphold or set aside the delegate's decision to cancel the applicant's visa. The Tribunal was required to assess the applicant's compliance with visa conditions, particularly concerning their enrolment in a course of study.

The Tribunal noted that the applicant was now enrolled in a course as required by the visa. While expressing some scepticism about the genuineness of the applicant's initial intentions, the Tribunal accepted that the applicant was and had been a genuine student. The Tribunal reasoned that if the applicant were to cease enrolment in the future, this would provide grounds for the Department to cancel the visa again. However, based on the current circumstances, the Tribunal set aside the delegate's decision and substituted a decision not to cancel the visa.