Ampofo (Migration)

This matter concerned an appeal by Mr. Ampofo against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The primary dispute revolved around whether Mr. Ampofo had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory course progress and attendance. The Tribunal was required to determine if Mr. Ampofo had indeed contravened this condition and, if so, whether the discretion to cancel his visa should be exercised.

The Tribunal's reasoning focused on Mr. Ampofo's admitted failure to be enrolled in a registered course for a significant period, constituting a breach of condition 8202(2). While acknowledging the applicant's explanations regarding financial instability and emotional distress stemming from personal circumstances and the death of a roommate, the Tribunal found these factors did not negate the breach. The Tribunal considered these mitigating circumstances in its exercise of discretion regarding the cancellation, as well as the applicant's stated purpose for being in Australia and his desire to achieve his educational goals.

Ultimately, after considering all the evidence and submissions, the Tribunal concluded that the visa cancellation should be affirmed. The Tribunal found that despite the applicant's personal difficulties, the breach of the enrolment condition was established, and the discretion to cancel the visa was exercised in favour of upholding the cancellation.