He (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the cancellation of the applicant's Student (subclass 500) visa. The applicant, born in China, had been granted the visa to undertake a Bachelor of Business (Management) course. The Department had decided to cancel the visa, and the applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions attached to her visa, specifically condition 8202, and if not, whether the Tribunal should exercise its discretion to cancel the visa. Condition 8202 requires a visa holder to maintain enrolment in a registered course that, once completed, will provide a qualification at the same or a higher level than the course for which the visa was granted. The Tribunal also considered the purpose of the applicant's stay in Australia and whether it remained aligned with the requirements of a student visa.

The Tribunal found that the applicant had not complied with subclause (2)(b) of condition 8202, as she had not maintained enrolment in a registered course at the same or a higher level than her Bachelor of Business (Management) course. This finding was based on information from the Provider Registration and International Student Management System (PRISMS) which indicated a lack of continuous enrolment in a qualifying course. Despite the applicant's submissions about her intention to complete her studies, the Tribunal determined that these factors, along with the PRISMS record, weighed significantly in favour of cancelling the visa.

Consequently, the Tribunal affirmed the Department's decision to cancel the applicant's visa.