Gaddam (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance. The applicant had abandoned a Master's degree in Information Technology within six months, citing difficulty, and subsequently enrolled in a Diploma of Management, which was also not completed.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2)(a) of the Migration Regulations, which mandates enrolment in a registered course. If a breach was found, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958. The Tribunal also had to consider various factors relevant to the exercise of this discretion, as outlined in the Department's Procedures Advice Manual.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a registered course at the time of cancellation, having abandoned his initial course and not completed his subsequent enrolment. In considering the discretion to cancel, the Tribunal noted the applicant's purpose of study, his concession of non-compliance, and the emotional hardship he would suffer. However, it also considered that the applicant had made little inquiry into his suitability for the course and had limited prior experience in the field. The Tribunal gave no weight to the mandatory legal consequences of cancellation, viewing them as intended outcomes.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, on the whole of the circumstances, cancellation was warranted.