BASNET (Migration)

This matter concerned an appeal by the applicant against the decision to cancel his Subclass 573 Higher Education Sector (Class TU) student visa. The applicant's visa was cancelled on the basis that he was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994. The applicant had initially enrolled in a Diploma of Business but subsequently sought to switch to a hospitality-related course.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's circumstances and relevant government policy.

The Tribunal found that the applicant had breached condition 8202(2) as he was not enrolled in a registered course from 20 May 2016. While the applicant provided reasons for his inability to pay tuition fees and continue his studies, including his mother's ill health and financial difficulties, the Tribunal noted that his education provider had cancelled his course for unsatisfactory attendance prior to these events. Furthermore, the applicant had not provided evidence of his attempts to defer or re-enrol, nor had he appealed the provider's decision. Although the Tribunal acknowledged that visa cancellation might cause hardship, it was not satisfied that the hardship was of a degree that would prevent the exercise of its discretion.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.