1730115 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant contended that his non-commencement of a registered course, and subsequent cancellation of enrolment, was due to a rape and HIV diagnosis shortly after his arrival in Australia. The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in and satisfactory progress in a registered course, and if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not been enrolled in a full-time registered course of study from February 2017 until the delegate's decision in November 2017, thereby breaching condition 8202(2)(a). In considering the exercise of discretion to cancel the visa, the Tribunal had regard to the applicant's stated purpose for his stay, which included a desire to continue his education and enjoy the Australian lifestyle. The applicant provided extensive details of his prior education and significant work history in the United Kingdom, including tertiary qualifications and substantial employment in various roles and self-employment. He also detailed his work history in Australia since his arrival, commencing employment shortly after arriving on a Working Holiday visa and continuing with freelance and employed work throughout his period in Australia.

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