Candido Gomes (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Candido Gomes concerning the cancellation of his Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training Sector visa. The dispute arose because Mr. Gomes had ceased enrolment in his registered course, which was a condition of his visa. The AAT was tasked with reviewing the delegate's decision to affirm the cancellation of his visa.

The primary legal issue before the Tribunal was whether Mr. Gomes had breached a condition of his visa by ceasing his enrolment in the registered course without a valid reason. The Tribunal also had to consider whether there were any compelling reasons to exercise discretion to waive the visa condition or to not cancel the visa, despite the breach.

In its reasoning, the Tribunal noted that the evidence clearly established that Mr. Gomes had ceased attending his course. The Tribunal found that he had not provided sufficient evidence to demonstrate that he had a compelling reason for ceasing his studies or that he had made satisfactory arrangements to re-enrol or transfer to another course. Applying the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), the Tribunal concluded that the visa condition had been breached and that there were no grounds to exercise discretion in favour of Mr. Gomes.

Consequently, the Tribunal affirmed the delegate's decision to cancel Mr. Gomes's visa.