Aliminati (Migration)

This matter concerned a review of the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant's visa was cancelled by the Department on the grounds that he had breached condition 8202 of the Migration Regulations 1994. The applicant, represented by his migration agent, sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had breached condition 8202 of the Migration Regulations 1994, and if so, whether the cancellation of his visa was the appropriate course of action. Condition 8202 relevantly requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The Tribunal was required to determine if the applicant met these requirements.

The Tribunal found that the applicant had not been enrolled in a registered course since 13 April 2016, thereby failing to comply with condition 8202(2). In considering the exercise of discretion regarding cancellation, the Tribunal noted that the applicant had not responded to the notice of intention to cancel, nor had he provided any information to suggest a compelling need to remain in Australia. The Tribunal considered the breach significant as it undermined the purpose of the applicant's stay in Australia as a student visa holder.

The Tribunal affirmed the decision to cancel the applicant's visa, concluding that, on the circumstances as a whole, the visa should be cancelled.