Ali (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant had been granted the visa to pursue a Master of Information Technology but subsequently enrolled in a Diploma of Leadership and Management. The Tribunal was required to determine whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 and, if so, whether the cancellation of his visa should be affirmed.

The central legal issue was whether the applicant had complied with condition 8202, which mandates that a student visa holder maintain enrolment in a registered course at the same or a higher Australian Qualifications Framework (AQF) level than the course for which the visa was granted. The applicant argued that his wife's illness and death, and his own English language capacity, were factors that led him to change his course of study. The Tribunal also considered the applicant's stated intention to continue studying at the diploma level.

The Tribunal found that the applicant had not complied with condition 8202(2)(b) as he was not enrolled in a course at the same or a higher AQF level than his original Master's degree for a significant period. While acknowledging the applicant's personal circumstances, the Tribunal concluded that his purpose for remaining in Australia, as evidenced by his intention to study a diploma course (three AQF levels below his original Master's), was no longer aligned with the purpose for which the student visa was granted. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.