1614487 (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The dispute arose because the applicant had ceased enrolment in a registered course and was alleged to have failed to achieve satisfactory academic progress. The applicant sought to have the cancellation decision set aside, citing extenuating circumstances including financial difficulties and social ostracism.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had complied with the requirement to be enrolled in a registered course and whether the grounds for cancellation were made out. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the applicant's submissions and government policy guidelines.

The Tribunal found that the applicant had not been enrolled in a registered course since June 2015, which was confirmed by the Provider Registration International Student Management System (PRISMS). This failure to maintain enrolment constituted a breach of condition 8202(2) of the Regulations. Furthermore, the applicant also acknowledged a breach of condition 8516, which, in conjunction with other provisions, required enrolment in a higher education sector course. Despite considering the applicant's submissions regarding extenuating circumstances, the Tribunal concluded that the visa cancellation was warranted.

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