Butt (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Subclass 572 Vocational Education and Training Sector student visa. The dispute arose because the applicant was not enrolled in a registered course of study, which constituted a breach of their visa condition 8202(2)(a). The decision was made by the Tribunal, presided over by Christine Kannis.

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 court had to consider if the applicant had ceased to be enrolled in a registered course and if this breach warranted visa cancellation, taking into account all relevant circumstances and government policy.

The Tribunal found that the applicant had breached visa condition 8202(2)(a) as their enrolment in registered courses had been cancelled on 23 December 2015 due to non-payment of fees. This breach did not mandate cancellation under s 116(3), thus requiring the Tribunal to consider its discretion. The applicant failed to respond to the Notice of Intention to Consider Cancellation or attend the hearing, meaning the Tribunal relied on departmental records. The Tribunal noted that the purpose of a student visa is to undertake study, a purpose the applicant had not fulfilled since December 2015. It found no evidence of exceptional circumstances or extenuating factors, and no information suggesting hardship from cancellation or any international obligations that would be breached.

Consequently, the Tribunal affirmed the decision to cancel the applicant’s visa, concluding that the breach was significant and no compelling reasons existed to exercise discretion against cancellation.