Ajaegbu (Migration)

This matter concerned an appeal by the applicant, Mr. Ajaegbu, against the decision of the Department of Home Affairs to cancel his Student (Temporary) (Class TU) (Subclass 500) visa. The applicant had arrived in Australia in February 2015 to undertake a Master of Civil Engineering, which he completed in September 2016. Subsequently, in March 2017, he enrolled in an Advanced Diploma of Leadership and Management. The visa was cancelled on the grounds that the applicant had breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of his visa. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain that enrolment, ensuring satisfactory course progress and attendance. The applicant contended that financial difficulties, including the retirement of his father who had previously provided financial support, the delay in his father receiving his pension, and the loss of his employment, led to his inability to meet tuition fees for the Advanced Diploma. Consequently, he ceased to be enrolled in the course from August 2017 until April 2018.

The Tribunal found that the applicant had not been enrolled in a registered course between 15 August 2017 and 26 April 2018, a period of over eight months. This constituted a substantial period of non-compliance with condition 8202(2) of his visa. While the Tribunal acknowledged the applicant's stated intention to study and his desire to remain in Australia for further study, it weighed this against the significant period of non-enrolment. The Tribunal concluded that the applicant had breached a condition of his visa, rendering it liable for cancellation under section 116(1)(b) of the Migration Act 1958.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. The substantial period of non-compliance with the enrolment condition was considered a significant factor in the exercise of the Tribunal's discretion.