1919931 (Migration)

The Administrative Appeals Tribunal considered whether to affirm the decision to cancel the applicant's Student (Temporary) (Class TU) (Subclass 500) visa. The dispute arose because the applicant, who had been in Australia since February 2015, was alleged to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course. The applicant had initially studied English courses and commenced a Bachelor of [Subject 1], but his studies were interrupted by a medical condition and subsequent depression, leading to a period of non-enrolment.

The Tribunal was required to determine if the applicant had complied with condition 8202, which mandates enrolment in a registered course, satisfactory course progress, and satisfactory course attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958. The applicant contended that his medical condition and subsequent financial hardship explained his academic difficulties and periods of non-enrolment.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course for a significant period. While acknowledging the applicant's medical condition and its impact on his studies, the Tribunal noted that this did not fully explain his poor academic performance in other courses or his extended period of non-enrolment, during which he established his own business. Furthermore, the Tribunal considered the applicant's application for a permanent partner visa as inconsistent with an intention to remain in Australia solely for study. Given the applicant's prolonged stay without completing tertiary studies, the extended period of non-enrolment, and the application for a partner visa, the Tribunal was not satisfied that the applicant genuinely intended to study in Australia in the future.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.