Ge (Migration)

This matter concerned the review of a decision by the Minister to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant, who was enrolled in a Bachelor of Business degree, failed to comply with Condition 8516 of her visa, which requires the holder to continue to satisfy the criteria for the grant of the visa. The applicant did not attend a hearing before the Tribunal, which proceeded to make its decision based on the available evidence.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out. This required the Tribunal to be satisfied that the applicant had not complied with a condition of her visa. The Tribunal also had to consider whether, having found a ground for cancellation, the visa should be cancelled, taking into account all relevant circumstances, including government policy.

The Tribunal considered evidence from the Provider Registration and International Student Management System (PRISMS) which indicated a history of enrolment changes and cancellations, including the initial cancellation of her Bachelor of Business degree due to non-commencement. While the applicant provided a response explaining her confusion regarding study levels and her agent's advice, and her efforts to improve her English, the Tribunal found that her enrolment history demonstrated a failure to comply with Condition 8516. The Tribunal concluded that, on the totality of the circumstances, the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.