Ankit (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 573 Higher Education Sector visa. The applicant had been granted the visa in February 2015, but ceased enrolment in his registered course of study in August 2015. He did not respond to a Notice of Intention to Consider Cancellation issued by the Department of Immigration and Border Protection. The applicant's stated desire was to study cookery, not the Information Technology course in which he was enrolled, and he claimed his migration agent had not processed a course change.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal needed to ascertain if the applicant had breached visa condition 8202, which mandates enrolment in a registered course. The Tribunal also had to consider all relevant circumstances in deciding whether to cancel the visa, including matters raised by the applicant and government policy.

The Tribunal found that the applicant had breached condition 8202(2)(a) by ceasing to be enrolled in a registered course from 27 August 2015. This satisfied the ground for cancellation under s 116(1)(b). In considering the exercise of discretion, the Tribunal noted the applicant's explanation regarding his desire to study cookery and the alleged actions of his migration agents. However, the applicant had not responded to the NOICC, and the Tribunal concluded that there were no extenuating circumstances beyond the applicant's control that would warrant not cancelling the visa.

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