HA (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of HA (Migration), where the applicant sought review of the delegate's decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202(2) of the Migration Regulations 1994, specifically whether he was enrolled in a registered course between 16 October 2016 and 6 April 2017. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's circumstances and submissions.

The Tribunal found that the applicant had not been enrolled in a registered course during the specified period, thus breaching condition 8202(2). In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's stated intention to study an Advanced Diploma of Leadership and Management in Australia to secure a tentative employment offer in Vietnam. However, the Tribunal found this evidence to be contrived, concluding that such a qualification was not genuinely required for the proposed role in his family friend's company.

Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's visa, finding that the circumstances as a whole did not warrant a different outcome.