Christopher (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal by an applicant whose Student (Temporary) (Class TU) visa, subclass 500, had been cancelled. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994. The applicant had ceased studies in an Information Technology course in April 2018 and did not re-enrol in a registered course until March 2019, during which period he was not enrolled in a registered course of study.

The Tribunal was required to determine whether the applicant had breached condition 8202 of his visa, specifically the requirement to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances of the case. The applicant argued that he had since enrolled in a new course and wished to remain in Australia, but the Tribunal also had regard to the applicant's extended period of non-enrolment and his failure to proactively address his non-compliance with the Department.

The Tribunal reasoned that the applicant had indeed failed to comply with condition 8202(2)(a) of his visa by not being enrolled in a registered course between April 2018 and February 2019. While acknowledging the applicant's subsequent enrolment, the Tribunal found that the purpose of the student visa program, which is to undertake study and obtain qualifications, had not been fulfilled during this significant period. The Tribunal concluded that the applicant's conduct was inconsistent with the student visa program and that the discretion to cancel the visa should be exercised. Accordingly, the Tribunal affirmed the decision to cancel the applicant's visa.