Egbonuba (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector). The cancellation was based on the applicant not being enrolled in a registered course of study, as required by the visa conditions. The applicant sought to have this decision affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which mandates enrolment in a registered course or, in limited circumstances, a full-time course of study or training. If such a breach was established, the Tribunal then had to consider whether the visa should be cancelled under section 116(1)(b) of the Migration Act 1958. The applicant's visa was cancelled due to information indicating a lack of enrolment in a registered course between 4 May 2018 and 20 May 2019.

The Tribunal considered the applicant's response to a notice of intention to consider cancellation. The applicant admitted the grounds for cancellation but provided extensive explanations. These included the closure of his original education provider in April 2018, which necessitated seeking enrolment with another institution, and significant personal difficulties arising from the death of his father in his home country during the relevant period. The Tribunal acknowledged documentary evidence supporting the closure of the education provider and the applicant's stated difficulties, including health issues and distress.

The Tribunal affirmed the decision to cancel the applicant's visa.