1516568 (Migration)

This matter concerned an applicant whose student visa was cancelled by the Department. The applicant sought review of this decision before the Tribunal. The core of the dispute revolved around whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates satisfactory course progress and attendance for overseas students.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether the applicant's education provider had certified them as not achieving satisfactory course attendance, as stipulated by regulation 8202(3)(b) and referenced under section 19 of the Education Services for Overseas Students Act 2000 and standard 11 of the National Code. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(3)(b) because their education provider had certified them as not achieving satisfactory course attendance. The Tribunal considered the applicant's submissions regarding the perceived inadequacies of the education provider's management systems and student support. However, the Tribunal was not satisfied that the circumstances leading to the cancellation were beyond the applicant's control, nor did it find a compelling need for the applicant to remain in Australia. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.