Ali (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa was cancelled. The dispute arose because the applicant was not enrolled in a registered course, failed to commence studies, and had a history of late fee payments. The applicant sought to have the cancellation decision reviewed and affirmed by the Tribunal.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(b) of the Migration Act 1958 were met, specifically concerning the applicant's non-compliance with visa conditions. This involved assessing whether the applicant continued to satisfy the criteria for the grant of their visa, which included maintaining enrolment in a registered course. The Tribunal also had to consider whether, having found a ground for cancellation, it should exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal reasoned that the applicant had breached condition 8516 of their visa, which mandates that a visa holder must continue to satisfy the primary or secondary criteria for the grant of their visa. This criterion, in the context of a Subclass 573 visa, requires ongoing enrolment in a registered course. The applicant's late payment of fees led to the cancellation of their enrolment, and while they later applied for a different course, they were not enrolled in a qualifying course for a significant period. Despite the applicant's explanations, including his father's illness and financial support, the Tribunal found that the ground for cancellation was established. In exercising its discretion, the Tribunal gave some weight to the applicant's stated purpose of study but found the extent of non-compliance with visa conditions to be significant.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa, concluding that the cancellation was warranted after considering all the circumstances.