Bajekal (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Student (Temporary) (Class TU) visa, subclass 573. The dispute arose because the applicant was no longer enrolled in a registered course of study, thereby breaching a condition of his visa. The decision was made by the Tribunal.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether to exercise its discretion to cancel the visa. The applicant’s visa was subject to condition 8202(2)(a), which mandates enrolment in a registered course.

The Tribunal found that the applicant had ceased to be enrolled in a registered course on 19 August 2015, following the cancellation of his Bachelor of Science degree due to unsatisfactory course progress. This satisfied the ground for cancellation under s 116(1)(b). Although mandatory cancellation was not required, the Tribunal considered its discretion. The applicant had not responded to the Notice of Intention to Consider Cancellation, citing severe depression and isolation at the time. He later provided evidence of enrolment in an online photography course and explained his long-standing desire to study photography against his parents' wishes, who had financially supported his science studies. Despite these explanations, the Tribunal concluded that there were no extenuating or compassionate circumstances that warranted overriding the cancellation decision. The Tribunal affirmed the decision to cancel the applicant’s visa.