Goro (Migration)

This matter concerned an appeal by the applicant against the cancellation of their Subclass 500 (Student) visa by the Minister. The cancellation was based on the applicant's failure to comply with a condition of their visa, specifically condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered full-time course of study or training. The applicant had ceased studies and failed to pay fees, leading to the cancellation of their enrolment and subsequent visa cancellation.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 was established, and if so, whether the discretion to cancel the visa should be exercised in the circumstances. The Tribunal was required to consider the applicant's enrolment history, their reasons for non-compliance, and any other relevant matters, including their personal circumstances and future intentions.

The Tribunal found that the applicant had indeed failed to comply with condition 8202 of their visa, as they had not been enrolled in a full-time registered course of study from 8 July 2022 until the visa cancellation in September 2023. While the applicant provided reasons for their difficulties, including adapting to a new environment and language barriers, the Tribunal noted the lack of evidence of any completed study units. The Tribunal also considered the applicant's claims of a new relationship and potential partner visa application, but found the relationship to be of relatively short duration. Ultimately, the Tribunal concluded that the circumstances warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.