DE SILVA (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 572 Vocational Education and Training Sector visa of the applicant, Mr. De Silva. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The visa was cancelled by the Department on the basis that the applicant was not enrolled in a registered course from 4 October 2015.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994, specifically whether he was enrolled in a registered course, and if not, whether to exercise its discretion to cancel the visa. The applicant's visa was cancelled because the Provider Registration and International Student Management System (PRISM) indicated he had not been enrolled in a registered course since October 2015, thus breaching condition 8202(2)(a). The applicant contended that there was confusion regarding his enrolment status, a delay in fee payment, and that he had received verbal assurances of an enrolment extension to complete assignments, particularly after a period of travel overseas.

The Tribunal acknowledged that the applicant had completed previous courses and had submitted assignments in December 2015, which lent some support to his claim of commitment to study and an impression of an extended enrolment. However, the Tribunal found that the applicant was not enrolled in a registered course from 25 December 2015 to 3 May 2016, a period of approximately four months, and therefore had not complied with condition 8202(2). Despite this finding of non-compliance, the Tribunal considered the applicant's submissions regarding hardship, his desire to continue studies, and the potential impact on his family in Sri Lanka.

Ultimately, the Tribunal concluded that, considering all the circumstances, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's Subclass 572 visa.