1935449 (Migration)

This matter concerned a review of the cancellation of a Student (Temporary) (Class TU) visa, Subclass 500, held by the applicant. The applicant's visa was cancelled by the Department of Home Affairs on 9 December 2019, on the basis that she had breached condition 8202 of her visa. The applicant sought review of this decision by the Tribunal. The Tribunal also noted it had no jurisdiction with respect to another applicant.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of her visa. Specifically, the Tribunal had to determine if the applicant had maintained enrolment in a registered course that, upon completion, would provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which her visa was originally granted, for the period from 5 April 2017 until the cancellation of her visa.

The Tribunal found that the applicant had not maintained enrolment in a registered course at the required AQF level for the specified period. This constituted a breach of condition 8202(2)(b) of her visa, rendering it liable for cancellation under section 116(1)(b) of the Migration Act 1958. Despite this breach, the Tribunal considered the discretion to cancel the visa. It acknowledged the applicant's stated purpose of studying in Australia, her continuous enrolment in courses, and her intention to continue studying, including a Certificate III and Diploma of Early Childhood Education and Care. However, considering all circumstances, the Tribunal concluded that the visa should be cancelled.

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