Geetika (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa. The applicant, Geetika, had been granted the visa to undertake a Master of Business Administration (AQF Level 9). The dispute arose when the applicant discontinued her Master's degree and enrolled in vocational courses, the highest of which was at AQF Level 5. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994 and, if so, whether the cancellation of her visa should be affirmed.

The primary legal issue was whether the applicant had complied with condition 8202(2)(b) of the Migration Regulations, which mandates that a student visa holder must maintain enrolment in a registered course that, upon completion, will provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which the visa was granted. The Tribunal also considered its discretion to cancel the visa, having regard to the applicant's circumstances and any compelling need to remain in Australia.

The Tribunal found that the applicant had breached condition 8202(2)(b) by discontinuing her AQF Level 9 Master's degree and enrolling in lower-level vocational courses. The Tribunal rejected the applicant's submission that a conditional offer for a Bachelor's degree negated the grounds for cancellation, as this offer did not lead to an AQF Level 9 qualification. During the hearing, the applicant acknowledged non-compliance with her visa conditions. The Tribunal also considered the applicant's stated reasons for remaining in Australia, including a desire to prove a decision to marry to her parents and concerns about employment and study opportunities in her home country. However, the Tribunal was not satisfied that these constituted a compelling need to remain in Australia, particularly given her original purpose of study was a Master's degree.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal noted it had no jurisdiction with respect to other applicants.