1909042 (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by the applicant. The dispute centred on whether the applicant had breached a condition of their visa by not maintaining enrolment in a course at the same or a higher Australian Qualifications Framework (AQF) level as the course for which the visa was originally granted.

The Tribunal was required to determine if the applicant had complied with condition 8202(2)(b) of the Migration Regulations 1994, which mandates maintaining enrolment in a registered course leading to a qualification at the same or a higher AQF level. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's circumstances, including their purpose for travel and any compelling need to remain in Australia.

The Tribunal found that the applicant's visa was granted for a Bachelor of [Discipline 1] course (AQF level 7). While the applicant initially enrolled in this course, their enrolment was later cancelled, and they subsequently enrolled in an Advanced Diploma of [Discipline 2] course (AQF level 6). The Tribunal concluded that this constituted a breach of condition 8202(2)(b) as the applicant was not enrolled in a course at the same or a higher AQF level. In considering the discretion to cancel, the Tribunal noted the applicant's claims for protection, which had been refused on credibility grounds, and found that the applicant did not have a compelling need to remain in Australia.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, placing greater weight on the grounds for cancellation and the applicant's lack of a compelling need to remain in Australia.