2005203 (Migration)

This matter concerned an application to review the cancellation of a Student (Temporary) (Class TU) visa (Subclass 500). The applicant, who had been granted the visa in September 2017 to undertake a Master's degree and an English course, had his visa cancelled by the Department of Home Affairs in March 2020. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, specifically by not maintaining enrolment in a full-time registered course from May 2019 to March 2020.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain enrolment in a course that leads to a qualification at the same or a higher level than the one for which the visa was granted, unless specific exceptions apply. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not been enrolled in a registered course between 31 May 2019 and 6 March 2020, thereby breaching condition 8202(2)(a). The Tribunal reasoned that the applicant's stated reasons for not studying, including stress, depression, family health issues, and managing a business, were inconsistent with the purpose of his visa. The Tribunal noted that the applicant only re-enrolled after receiving the notification of intention to cancel his visa and that his actions during the period of non-enrolment, such as travelling to Vietnam and managing his business, suggested his primary purpose was not study.

The Tribunal affirmed the decision to cancel the applicant's visa. It concluded that, considering all the circumstances, the visa should be cancelled. The Tribunal noted it had no jurisdiction with respect to other applicants.