1815866 (MIGRATION)

The Administrative Appeals Tribunal (AAT) considered the case of a student visa holder whose visa was cancelled. The applicant, who held a Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector visa, had failed to maintain enrolment in a registered course of study, thereby breaching condition 8202 of their visa. This breach also rendered the applicant subject to Public Interest Criterion 4013. The AAT was tasked with reviewing the decision to cancel the applicant's visa.

The primary legal issue before the Tribunal was whether the cancellation of the applicant's visa was justified under the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations. Specifically, the Tribunal had to determine if the applicant had indeed failed to meet the requirements of condition 8202, which mandates maintaining enrolment in a registered course, and if this failure triggered the application of Public Interest Criterion 4013, leading to mandatory cancellation.

In its reasoning, the Tribunal found that the evidence presented established that the applicant was not enrolled in a registered course of study at the time of the cancellation decision. This failure to comply with condition 8202 was a clear breach of the visa conditions. Consequently, the Tribunal determined that the applicant was subject to Public Interest Criterion 4013, which mandates the cancellation of a visa in such circumstances. The Tribunal affirmed the delegate's decision to cancel the applicant's visa.