Chaudhari (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The dispute arose from the applicant's failure to maintain enrolment in a registered course and their subsequent academic difficulties. The decision was made by a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had failed to be enrolled in a registered course, or if they had not achieved satisfactory course progress or attendance as certified by their education provider, which would render them liable for visa cancellation under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not been enrolled in a registered course between 9 October 2015 and 22 September 2016, based on information from the Provider Registration and International Student Management System (PRISMS). The applicant acknowledged difficulties with their initial Bachelor of Electrical Engineering course, including failing subjects and subsequently stopping their studies. While the applicant had enrolled in a Diploma of Business course commencing in September 2016, this did not negate the period of non-enrolment. Consequently, the Tribunal concluded that the applicant had failed to comply with condition 8202(2) of the Regulations, providing a valid ground for cancellation under section 116(1)(b) of the Act.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa, considering the circumstances as a whole.