Grewal (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision.

The primary legal issue before the Tribunal was whether the applicant had complied with Condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course between 29 November 2016 and 13 April 2017, as required by Condition 8202(2). If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with Condition 8202(2) because their PRISMS record indicated that their enrolment in a registered course had ceased on 28 November 2016, the completion date of their Diploma of Building and Construction (Management). Although the applicant received their diploma and statement of results on 6 April 2017, the completion date on these documents was 28 November 2016. Having established a breach, the Tribunal then considered its discretion to cancel the visa. It had regard to the applicant's submissions, including their stated intention to continue studying and their efforts to enrol in a Bachelor's degree, but concluded that the circumstances warranted affirmation of the cancellation decision.