Azhar (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 573 Higher Education Sector visa was subject to cancellation. The dispute arose because the applicant ceased to be enrolled in a registered course of study, thereby breaching a condition attached to his visa.

The Tribunal was required to determine whether the ground for cancellation under s.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 had to assess if the applicant had breached condition 8202(2)(a) of his visa, which mandates enrolment in a registered course, and then consider all relevant circumstances in deciding whether to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2)(a) as he had not been enrolled in a registered course since 5 May 2016, when his Bachelor of Business enrolment was cancelled. The Tribunal also noted previous instances of unsatisfactory course progress and attendance, as well as enrolment in a course not aligned with his visa subclass. Despite the applicant’s explanation regarding personal difficulties, including the hospitalisation and subsequent death of his grandmother, the Tribunal concluded that the circumstances warranted the cancellation of the visa. The Tribunal affirmed the decision to cancel the applicant’s visa.