BURRA (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the applicant's subclass 500 Student (Temporary) visa. The cancellation was based on the applicant's failure to comply with condition 8202(2)(a) of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study. The delegate had also determined that the grounds for cancellation were not outweighed by reasons not to cancel the visa.

The primary legal issue before the Tribunal was to determine whether the ground for cancellation, namely the breach of condition 8202, had been established. If so, the Tribunal was then required to consider whether the applicant's visa should, in the exercise of discretion, be cancelled. Condition 8202 mandates that a student visa holder must be enrolled in a registered course or, in limited circumstances, a full-time course of study or training.

The applicant conceded that he had breached condition 8202 as he was not currently enrolled in a course. His enrolment in a Master of Enterprise Resources Planning at Victoria University in Sydney had been cancelled on 17 November 2017 due to non-payment of tuition fees, and he had not enrolled in any subsequent course. Having found the breach established, the Tribunal considered its discretion regarding cancellation. It had regard to the applicant's circumstances, including his stated purpose of studying in Australia, which was given some weight against cancellation.