IKEBUDU (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa. The applicant, a Nigerian national, had travelled to Australia in October 2013 to study. The visa was cancelled on the basis that the applicant had breached condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance, unless specific exceptions apply. The Tribunal was required to determine if the applicant had indeed been enrolled in a registered course during the period in question, and if not, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Regulations. Despite the applicant's claims of enrolment, there was no documentary evidence to support this assertion for the period between July 2015 and March 2016. The Provider Registration and International Student Management System (PRISMS) records indicated no enrolment during this time, and the applicant admitted to financial difficulties preventing him from paying tuition fees, which led to him not proceeding with a Bachelor of Business course in March 2016. The applicant was unable to provide satisfactory explanations or evidence regarding his enrolment status or activities during the period he claimed to be "preparing himself" for studies. Having found a breach of a visa condition, the Tribunal considered the discretion to cancel the visa, taking into account the applicant's circumstances, including his age, nationality, purpose of travel, and the lack of evidence supporting his continued enrolment.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.