Elue (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass TU573 visa held by a Nigerian citizen. The applicant had arrived in Australia in March 2016 to undertake a Masters of Economics, but his visa was cancelled on the grounds that he was not enrolled in a registered course, a breach of visa condition 8202(2). The applicant did not dispute that he was not enrolled but claimed that circumstances beyond his control, specifically foreign exchange restrictions in Nigeria impacting his financial resources, prevented him from continuing his studies.

The Tribunal was required to determine whether the ground for visa cancellation under section 116(2)(b) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The specific ground for cancellation alleged was the applicant's failure to comply with visa condition 8202, which mandated enrolment in a registered course. The Tribunal also had to consider all relevant circumstances in exercising its discretion to cancel the visa, including the applicant's explanation for his non-compliance and any mitigating factors.

The Tribunal found that the applicant had indeed failed to comply with visa condition 8202(2) as his Provider Registration and International Student Management System (PRISMS) records indicated he had not been enrolled in a course of study since 31 August 2016. While the applicant provided evidence of financial difficulties stemming from Nigerian foreign exchange restrictions and his attempts to find alternative enrolment, the Tribunal concluded that these circumstances did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.