Do (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 572 Vocational Education and Training Sector visa was cancelled. The dispute centred on whether the grounds for cancellation were made out and, if so, whether the cancellation decision should be affirmed.

The Tribunal was required to determine if the applicant was a "genuine student" under section 116(1)(fa)(i) of the Migration Act 1958 (Cth), or if the applicant had engaged in conduct not contemplated by the visa under section 116(1)(fa)(ii). The Tribunal also had to consider whether, having found a ground for cancellation, the visa should be cancelled, taking into account all relevant circumstances.

The Tribunal reasoned that the applicant's extensive study gap, unsatisfactory course progress, and failure to complete any course of study in Australia indicated that they were not a genuine student. The applicant had ceased study in March 2017 and did not seek to re-engage for over 12 months, despite being issued a Notice of Intention to Report. Furthermore, the applicant admitted to working full-time, exceeding the 40-hour per fortnight limitation imposed by visa condition 8105. The Tribunal found no compelling reasons for the applicant to remain in Australia and concluded that the cumulative circumstances weighed in favour of cancellation.

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