Andani (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The applicant had been notified of the intention to cancel her visa due to a breach of visa condition 8202, specifically that she was not enrolled in a registered course. The applicant responded to the notice and provided reasons why her visa should not be cancelled, but did not dispute that she had ceased to be enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, and if so, whether the discretion to cancel her visa should be exercised. Condition 8202 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 and, if not, to consider the factors for and against cancelling her visa.

The Tribunal found that the applicant had breached condition 8202(2)(a) as she had not been enrolled in a registered course since 13 October 2016, a fact confirmed by both the PRISMS database and the applicant's own evidence. Although this ground did not mandate cancellation under s.116(3) of the Act, the Tribunal then considered its discretion. The Tribunal noted the applicant's stated purpose of study upon arrival, her return to Indonesia for childbirth, and her subsequent return to Australia for work. However, the Tribunal gave little weight to her claim of intending to work and seek sponsorship, as she provided no documentary evidence of employment agreements or payments, stating she was paid in cash and had no written records. The Tribunal also noted the applicant's inconsistent support for the child's Australian citizen father, including assistance with the child's citizenship application, but found no evidence of such an application being lodged.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, considering all circumstances, cancellation was warranted.