Jada (Migration)

This matter concerned an appeal by the applicant, a holder of a Student (Temporary) (Class TU) visa, subclass 500, against the cancellation of his visa. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations, which requires students to remain enrolled in a registered course. The delegate had cancelled the visa on the basis that the applicant had not been enrolled in a registered course since his Master of Business Administration enrolment was cancelled in November 2016 due to non-payment of fees.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of his visa. If a breach was established, the Tribunal was then required to consider whether to exercise its discretion to affirm the cancellation of the visa, having regard to the applicant's submissions and relevant government policy guidelines. The applicant's history of enrolment and attendance in various courses since his arrival in Australia in August 2014 was central to this determination.

The Tribunal found that the applicant had indeed breached condition 8202. The applicant conceded that he had not been enrolled in a registered course since his Master of Business Administration enrolment was cancelled in November 2016. Furthermore, the Tribunal noted a period between December 2014 and March 2015 where the applicant was not enrolled in any course, even accepting his version of events regarding a Diploma of Management. The Tribunal also considered the applicant's explanations for his previous unsatisfactory attendance and academic performance, including claims of depression and homesickness, but ultimately concluded that these did not negate the established breaches of the visa condition. The Tribunal affirmed the delegate's decision to cancel the visa.