1901155 (Migration)

The Administrative Appeals Tribunal considered whether to affirm the cancellation of the applicant's Subclass 572 Vocational Education and Training Sector visa. The dispute arose from the applicant's alleged breach of condition 8202 of the Migration Regulations 1994, which could lead to visa cancellation under section 116(1) of the Migration Act 1958.

The Tribunal was required to determine if the applicant had complied with condition 8202, specifically whether the applicant was enrolled in a registered course, had achieved satisfactory course progress, and had maintained satisfactory course attendance. 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 been enrolled in a registered course of study since 18 August 2017, thereby breaching condition 8202(2)(a). This established the ground for cancellation under section 116(1)(b) of the Act. In considering the discretion to cancel, the Tribunal noted the applicant's explanation for non-enrolment, including financial difficulties and issues with part-time work. However, the applicant admitted to not informing his course provider or the Department of his inability to pay fees and, crucially, admitted to intentionally providing false information on his original student visa application regarding his financial capacity. The Tribunal accepted these admissions and, in balancing the circumstances, concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 572 Vocational Education and Training Sector visa.