DUDA (Migration)

This matter concerned an appeal to the Tribunal by an applicant whose Student (Temporary) (Class TU) visa, subclass 573, had been cancelled by the Department. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study since 19 July 2017. The applicant did not respond to the Notice of Intention to Consider Cancellation or provide any submissions or evidence to the Tribunal.

The Tribunal was required to determine whether the applicant had breached condition 8202(2)(a) of his visa, and if so, whether the discretion to cancel the visa should be exercised. Condition 8202 relevantly required the applicant to be enrolled in a registered course. The Department's records, which were not disputed by the applicant, indicated he was not enrolled in a registered course from 19 July 2017 to 19 February 2018.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by failing to maintain enrolment in a registered course for a substantial period. In considering the discretion to cancel the visa, the Tribunal noted the applicant's failure to demonstrate any compelling need to remain in Australia or to provide evidence of hardship if the visa were cancelled. While acknowledging that some economic and emotional hardship might be caused to the applicant and his family, the Tribunal concluded that the grounds for cancellation outweighed the grounds for not cancelling the visa. Consequently, the Tribunal affirmed the Department's decision to cancel the applicant's visa.