He (Migration)

The Administrative Appeals Tribunal considered a dispute between an applicant, a holder of a Subclass 571 Schools Sector student visa, and the delegate of the Minister for Immigration, who had decided to cancel the applicant's visa. The cancellation was based on the alleged failure to comply with Condition 8202 of the Migration Regulations 1994, specifically the requirement to be enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had breached Condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance, as certified by their education provider. The Tribunal had to determine if the applicant's visa cancellation was justified on the grounds that she was not enrolled in a registered course.

The Tribunal reasoned that while the applicant had not received a Certificate of Enrolment (CoE) and had missed the Notice of Intention to Consider Cancellation due to an administrative error by her school, Kilvington Grammar, the evidence presented demonstrated her actual enrolment and satisfactory academic performance. The school provided a letter confirming enrolment since July 2016, a CoE, the applicant's school reports showing strong grades, and proof of fee payments. The Tribunal found that the school's administrative error, rather than any fault of the applicant, led to the lack of a formal CoE and the missed communication. Considering these circumstances, the Tribunal concluded that the visa should not be cancelled.

The Tribunal set aside the delegate's decision to cancel the applicant's Subclass 571 Schools Sector visa and substituted a decision not to cancel the visa.