Golan (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant's visa was cancelled on the grounds that they had breached condition 8202 of the Migration Regulations 1994 by failing to be enrolled in a registered course of study. The applicant argued that the Tribunal should not exercise its discretion to cancel the visa, despite the breach.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(a) of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not been enrolled in a registered course for approximately nine months prior to the Notice of Intention to Consider Cancellation being issued, which constituted a significant breach of condition 8202(2). While acknowledging the applicant's stated intention to study and the hardship that cancellation might cause, the Tribunal considered the extent of the breach and the availability of comparable higher education opportunities in India. Ultimately, the Tribunal concluded that the circumstances warranted the cancellation of the visa and affirmed the decision.