Abdul Malik (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The primary dispute revolved around whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory academic progress and attendance. The applicant conceded that he had not been enrolled in a registered course since 18 October 2017, thereby admitting a breach of the visa condition.

The legal issues before the Tribunal were twofold: firstly, whether the applicant had indeed breached condition 8202 of his visa, and secondly, if a breach was established, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider the applicant's circumstances, including his employment, financial situation, family ties, and future study and career aspirations, in determining whether to affirm the cancellation decision.

The Tribunal found that the applicant had failed to comply with condition 8202(2) of the Regulations by not being enrolled in a registered course. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's stated intention to study a culinary course and his desire to work in Australia to improve his English. However, the Tribunal weighed these factors against the applicant's failure to maintain enrolment, concluding that this failure was inconsistent with the purpose of his travel and stay for study. The Tribunal also noted that the applicant had not provided a response to the Notice of Intention to Cancel Visa.

Ultimately, the Tribunal concluded that, considering all the circumstances, the decision to cancel the applicant's visa should be affirmed. The Tribunal found that the applicant did not have a compelling need to remain in Australia on a student visa, given his non-compliance with the fundamental obligation to maintain enrolment.