Chandi (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Chandi, a holder of a Student (Temporary) (Class TU) visa, subclass 573. The dispute arose from the delegate's decision to cancel Mr. Chandi's visa, which he sought to have reviewed. The Tribunal's primary task was to determine whether the cancellation decision should be affirmed.

The legal issues before the Tribunal were whether Mr. Chandi had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, and if so, whether the discretion to cancel his visa should be exercised. Condition 8202 requires a student visa holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The Tribunal also considered the applicant's stated intention to seek permanent residency and the circumstances surrounding his enrolment in various courses.

The Tribunal found that Mr. Chandi had not complied with condition 8202(2) as he was not enrolled in a registered course from 12 October 2016. The evidence indicated that after ceasing his Bachelor of Information Technology degree in 2015, he enrolled in vocational courses, including a Diploma of Business and an Advanced Diploma of Business, and a hospitality course. However, he did not recall receiving confirmation of enrolment for these courses and did not undertake significant studies in the hospitality course. The Tribunal noted that Mr. Chandi's stated intention in enrolling in these courses was to obtain sufficient points for permanent residency, rather than for genuine study.

Having found a breach of a visa condition, the Tribunal considered its discretion to cancel the visa. While no specific matters are mandated for consideration under the Act or Regulations, the Tribunal had regard to the circumstances of the case, including the applicant's submissions and departmental procedural instructions. Ultimately, the Tribunal concluded that the visa should be cancelled and affirmed the delegate's decision.