Dinh (Migration)

This matter concerned an appeal by the applicant against the cancellation of his Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector). The visa was cancelled on the grounds that the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically by not being enrolled in a registered course. The applicant conceded that he was not enrolled in a registered course at the time of cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of his visa. This condition requires the visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. A secondary issue was whether, having found a breach of the condition, the Tribunal should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course. While acknowledging the applicant's initial compelling reason for coming to Australia to study travel and tourism, the Tribunal considered his subsequent study history. This history included incomplete English courses and withdrawals from or cancellations of enrolments in vocational courses. The Tribunal concluded that the applicant did not have a compelling need to remain in Australia given these circumstances, and therefore affirmed the decision to cancel his visa.