Chhabra (Migration)

This matter concerned an appeal by the applicant against the cancellation of their Student (Temporary) (Class TU) visa, subclass 500. The applicant had been granted the visa based on enrolment in a Master of Accounting and International Finance course, an AQF level 9 qualification. The core dispute revolved around whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which mandates maintaining enrolment in a registered course at the same or a higher AQF level than that for which the visa was granted.

The Tribunal was required to determine if the applicant had complied with condition 8202(2)(b) of the Migration Regulations. Specifically, the court needed to ascertain whether the applicant had maintained enrolment in a registered course that, upon completion, would yield a qualification at AQF level 9 or higher, following the cancellation of their initial Master's course and subsequent enrolments in vocational courses at significantly lower AQF levels. The Tribunal also considered whether, having found a breach, the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had not complied with condition 8202(2)(b) since at least 1 March 2019, having enrolled in a Certificate III in Security Operations (AQF level 2) and subsequently other vocational courses at AQF levels 3 and 4, without completing any of them and without being enrolled in an AQF level 9 course. The applicant's explanation that a relationship had distracted him from his studies was considered, but ultimately, the Tribunal concluded that the circumstances warranted the cancellation of the visa. The Tribunal affirmed the decision to cancel the applicant's visa.