Islam (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 500 visa was subject to potential cancellation. The dispute centred on whether the applicant had breached a condition of their visa, leading to the delegate's decision to cancel it, which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had remained enrolled in a registered course as required by that condition, and if not, whether this constituted a ground for visa cancellation under section 116(1) of the Migration Act 1958.

The Tribunal affirmed the delegate's decision to cancel the visa. It found that the applicant had been in continuous breach of condition 8202 for a period of approximately 11 months, from February 2018 to February 2019, as evidenced by information from the Provider Registration and International Student Management System (PRISMS). While the applicant later enrolled in a new course after receiving a Notice of Intention to Consider Cancellation, the Tribunal noted that this did not rectify the prior breach and created a further study gap of four months. The Tribunal's reasoning focused on the objective evidence of non-enrolment in a registered course, which is a mandatory requirement of the visa condition.