Brar (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision. The Tribunal was tasked with reviewing this cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course of study during the period of 8 July 2016 to 4 May 2017, as required by condition 8202(2). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant was not enrolled in a registered course during the specified period, a fact the applicant acknowledged. This constituted a breach of condition 8202(2). In considering the discretion to cancel the visa, the Tribunal noted that the applicant had not responded to a Notification of Intention to Consider Cancellation and had not contacted the Department regarding their enrolment status. The Tribunal also considered the applicant's purpose for being in Australia, noting they had arrived in 2014 to study, had completed only one course in accounting and a short period of study in commercial cookery since then, and stated they were "not doing anything" in Australia at the time of the hearing. The applicant's family resided in their home country, and while they had a brother with permanent residency in Australia, they were financially supported by this brother and friends.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, on the evidence, there was no compelling need for the applicant to remain in Australia as a student.