1514537 (Migration)

This matter concerned an application by a visa holder to review a decision to cancel their Class TU visa. The applicant had been issued the visa to undertake studies in Australia. The core of the dispute revolved around whether the applicant had complied with the conditions of their visa, specifically the requirement to be enrolled in a registered course.

The legal issues before the Tribunal were twofold: first, whether the applicant had failed to comply with condition 8202(2) of the Migration Regulations 1994 by not being enrolled in a registered course; and second, if a breach was found, whether the Tribunal should exercise its discretion to cancel the visa. The Tribunal was required to consider the evidence presented by the applicant regarding their study activities and any reasons why the visa should not be cancelled, in light of government policy guidelines.

The Tribunal found that, based on the evidence, the applicant was not enrolled in a registered course, thus failing to comply with condition 8202(2). The Tribunal considered the applicant's explanations for their study difficulties, including warnings from their education provider regarding unsatisfactory attendance and claims of issues with a teacher. However, the Tribunal noted the applicant's failure to appeal these warnings or proactively address their attendance issues with the education provider or the Department. The applicant's subsequent actions, including working in Australia for an extended period without enrolment in any other course and delays in seeking confirmation of enrolment cancellation, were also taken into account. The Tribunal concluded that, considering the totality of the circumstances, the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant’s Class TU visa.