Gill (Migration)

The Administrative Appeals Tribunal considered the cancellation of Jaspal Kaur Gill's Student (Temporary) (Class TU) visa. The dispute arose because Ms. Gill was alleged to have breached condition 8202 of the Migration Regulations 1994 by not maintaining enrolment in a course at the same or a higher Australian Qualifications Framework (AQF) level as the Master of Education course for which her visa was originally granted.

The Tribunal was required to determine whether Ms. Gill had complied with condition 8202(2)(b) of the Regulations, which mandates maintaining enrolment in a registered course at an AQF level equal to or higher than the original course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances presented.

The Tribunal found that Ms. Gill's visa was granted for a Master of Education course (AQF Level 9). Subsequently, her enrolment in this course was cancelled, and she enrolled in courses leading to a Diploma of Hospitality Management (AQF Level 5). The Tribunal concluded that this constituted a failure to maintain enrolment in a course at the same or a higher AQF level, thus breaching condition 8202(2)(b). In exercising its discretion, the Tribunal noted Ms. Gill's explanation that she moved to Perth due to health and homesickness, and her belief that she could find a similar Master's course there. However, she ultimately enrolled in a lower-level cookery course and acknowledged it was her responsibility to understand and comply with her visa conditions. The Tribunal found that her failure to remain enrolled in her Master's course was not due to circumstances beyond her control, and that her move to Perth was motivated by a preference for better weather.

The Tribunal affirmed the decision to cancel Ms. Gill's visa. The Tribunal also noted that it had no jurisdiction concerning Mr Jagdeep Singh Gill.