AMMAD-UD-DIN (Migration)

This matter concerned an application for review by Ammad-ud-Din (the applicant) of the cancellation of his Subclass 573 Student visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, which would permit the cancellation of his visa under section 116(1) of the Migration Act 1958.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of his visa. This condition requires the holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The applicant's visa was cancelled on the basis that he was not enrolled in a registered course. The Tribunal considered evidence from the Provider Registration and International Student Management System (PRISMS) which indicated that the applicant had not been enrolled in a registered course for a significant period. Furthermore, the course in which the applicant was purportedly enrolled was identified as a vocational education and training sector course, not a higher education sector course as required by his visa subclass.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Migration Regulations 1994, as he was not enrolled in a registered course of study appropriate for his visa subclass. The Tribunal noted that it had given the applicant a fair opportunity to attend a hearing, but he failed to do so without explanation. Having established a breach of a visa condition, the Tribunal then considered whether to exercise its discretion to cancel the visa. After considering all circumstances, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.