Contardo Fuentes (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Contardo Fuentes, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The dispute centred on whether Mr. Fuentes had breached a condition of his visa, leading to its cancellation.

The primary legal issue before the Tribunal was whether Mr. Fuentes had complied with Condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if he was enrolled in a registered course of study, as required by the condition, and if his failure to do so warranted the cancellation of his visa. The Tribunal also considered the exercise of discretion regarding the cancellation, taking into account the applicant's submissions and departmental guidelines.

The Tribunal reasoned that Mr. Fuentes had breached Condition 8202 by not being enrolled in a registered course from December 2016 until July 2017, a period of approximately seven months. While Mr. Fuentes alleged that this non-enrolment was due to the alleged corrupt behaviour of his education agent and lack of notice, the Tribunal found that the obligation rested with the visa holder to ensure compliance with visa conditions at all times. The Tribunal noted that Mr. Fuentes was aware of his enrolment issues on two separate occasions and had numerous opportunities to enrol in alternative courses, seek new education providers, or contact the Department for advice during the seven-month period, but failed to do so. The Tribunal concluded that the visa holder had not taken reasonable steps to comply with his visa conditions.

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