CUI (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Class TU (Subclass 573 Higher Education Sector) visa. The dispute arose from the applicant's alleged non-compliance with condition 8202 of the Migration Regulations 1994, specifically the requirement to be enrolled in a registered course. The review was heard by a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition, as relevant, required the visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not been enrolled in a registered course between 4 March 2015 and 22 June 2016, as indicated by information from the Provider Registration and International Student Management System (PRISMS). This constituted a breach of condition 8202(2). While the applicant provided explanations for this non-enrolment, including personal stress due to his mother's health issues and difficulties with English, the Tribunal was unable to further explore these claims due to the applicant's inability to attend a hearing. Without the opportunity to question the applicant directly and seek corroborating evidence, the Tribunal was not satisfied that these circumstances warranted the exercise of discretion against cancellation.

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