1511816 (Migration)

The Administrative Appeals Tribunal considered whether to affirm the cancellation of the applicant's student visa. The dispute arose because the applicant, a holder of a Subclass 573 Higher Education Sector student visa, was alleged to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course of study. The Tribunal was tasked with determining if such a breach occurred and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The Tribunal specifically examined whether the applicant was enrolled in a registered course between 14 April 2015 and 24 August 2015, the period leading up to the visa cancellation.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course for a period exceeding four months. The applicant's explanation for ceasing his studies and his subsequent activities, including working in the painting industry, were found to be not credible by the Tribunal. After considering the applicant's stated intentions for coming to Australia and the significant duration of the breach, the Tribunal concluded that the circumstances warranted the cancellation of the visa. Accordingly, the Tribunal affirmed the decision to cancel the applicant's visa.