1809892 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa (Subclass 500). The dispute arose from the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course of study.

The Tribunal was required to determine whether the applicant had breached condition 8202 by not being enrolled in a registered course for a substantial period. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the purpose of the visa and the circumstances of the non-compliance.

The Tribunal found that the applicant had not been enrolled in a registered course for an 11-month period between April 2017 and March 2018, thereby breaching condition 8202(2). While acknowledging the applicant's initial intention to study and her completion of a Certificate IV, the Tribunal noted that the prolonged period of non-enrolment was inconsistent with an intention to study. Furthermore, concerns were raised about the applicant's primary motivation for remaining in Australia, suggesting it might be to be with her de facto partner rather than to complete her intended studies. The Tribunal concluded that the circumstances did not warrant the exercise of discretion to prevent cancellation.

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