AHSAN (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) Subclass 573 visa held by the applicant. The dispute arose because the applicant was not enrolled in a registered course of study, a breach of visa condition 8202. The Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether the decision to cancel the applicant's visa should be affirmed.

The Tribunal's reasoning focused on the applicant's failure to comply with condition 8202(2) of the Migration Regulations 1994, which mandates enrolment in a registered course. Evidence before the Tribunal indicated that the applicant had not been enrolled in a registered course for over eight months. The Tribunal then considered its discretion to cancel the visa, taking into account the applicant's stated intention to study in Australia and his subsequent enrolment in an Advanced Diploma of Leadership and Management. However, the Tribunal noted that the applicant had repeatedly obtained Confirmation of Enrolment (COE) for a Master of Business Administration (MBA) course only for it to be cancelled due to non-payment of fees, a situation the applicant attributed to health costs. Despite the applicant's claims of family support, the Tribunal found no substantiation for this and expressed doubts about his financial capacity and genuine commitment to higher education studies.

Ultimately, the Tribunal concluded that the applicant had not demonstrated a compelling need to remain in Australia. Given the applicant's failure to comply with a visa condition and the lack of a compelling reason to remain, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.