Darji (Migration)

This matter concerned an appeal by the applicant, Ms Darji, against the cancellation of her Student (Temporary) (Class TU) Subclass 500 visa. The Department of Home Affairs had cancelled Ms Darji's visa on the grounds that she had breached condition 8202(2)(b) of her visa, which required her to maintain enrolment in a registered course of study at the same or higher Australian Qualifications Framework (AQF) level as the course for which her visa was granted. The applicant's visa was granted for a Master's degree at AQF level 9, but her enrolment in that course ended due to non-commencement, and she subsequently enrolled in a Master of Business Administration (MBA) which also ended.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) and, if so, whether her visa should be cancelled. The applicant contended that she had been misled by her education agent and had made attempts to enrol in other Master's courses, and that her breach was not intentional. The Tribunal was required to determine if these assertions were credible and, if a breach was established, to consider the discretionary power to cancel the visa, taking into account the applicant's individual circumstances and relevant departmental guidelines.

The Tribunal found that the applicant had clearly breached condition 8202(2)(b) as she had not been enrolled in a registered course of study at the required AQF level since her MBA enrolment ended almost two years prior. The Tribunal did not accept the applicant's assertions that she had been misled by her agent or that she had made unsuccessful attempts to enrol in other Master's courses, as these claims were not supported by reliable evidence. The Tribunal concluded that the applicant was aware of, or ought to have been aware of, the conditions of her visa, and that the power to cancel her visa was therefore enlivened. In exercising its discretion, the Tribunal considered the applicant's circumstances but ultimately affirmed the Department's decision to cancel the visa.