Aulakh (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 573 Higher Education Sector visa. The applicant had been granted this visa with condition 8202, which required her to be enrolled in a registered course. The Minister had cancelled the applicant's visa under section 116(1)(b) of the Migration Act 1958 (Cth) on the grounds that she was not enrolled in a registered course.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to ascertain if the applicant had breached condition 8202(2)(a) by ceasing to be enrolled in a registered course, and then consider all relevant circumstances in deciding whether to affirm the cancellation.

The Tribunal found that the applicant had breached condition 8202(2)(a) as she had not been enrolled in a registered course since 14 October 2015, when her enrolments in a Diploma of Hospitality and pathway courses were cancelled. While the applicant claimed medical issues, including menstrual problems, had prevented her from studying, the Tribunal found the provided medical evidence insufficient to explain her prolonged lack of enrolment. The Tribunal noted previous cancellations of her enrolments in other courses in 2013 and 2014, and her inability to articulate a clear plan for using her qualifications. Furthermore, the applicant failed to respond to the Notice of Intention to Consider Cancellation, attributing this to forgetting her email password.

The Tribunal affirmed the decision to cancel the applicant's visa, concluding that the ground for cancellation was established and that, considering all the circumstances, the visa should be cancelled.