Ali (Migration)

This matter concerned an appeal by a student visa holder against the cancellation of their Subclass 500 (Student) visa. The applicant had been granted the visa on 3 February 2021, with condition 8202 of the Migration Regulations 1994 (Cth) attached. The Department of Home Affairs had issued a Notice of Intention to Consider Cancellation on the basis that the applicant had ceased to be enrolled in a registered course from 3 March 2021, thereby failing to comply with condition 8202(2)(a). The Administrative Appeals Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issue was whether the applicant had complied with condition 8202 of their student visa, which mandates enrolment in a full-time registered course and maintenance of that enrolment. The Tribunal considered evidence from the Provider Registration and International Students Management System (PRISMS), which indicated the applicant was not enrolled in a registered course from 3 March 2021. The applicant contended that various difficulties, including study challenges, personal issues related to the COVID-19 pandemic, the death of their father, financial pressures, and issues with education providers, had led to their non-compliance.

The Tribunal found that the applicant had breached condition 8202(2)(a) as they were not enrolled in a full-time registered course from 3 March 2021. While acknowledging the applicant's stated difficulties, including personal circumstances and the complexities of changing course providers, the Tribunal noted that the applicant had not approached the Department for assistance. Despite the applicant's subsequent re-enrolment in a new course, the Tribunal concluded that, on balance, the circumstances warranted the affirmation of the visa cancellation decision.