Jakhar (Migration)

This matter concerned an application by the applicant, a holder of a Student (Temporary) (Class TU) visa, subclass 500, to review the decision to cancel her visa. The applicant's visa was granted for the purpose of studying a Master of Professional Accounting (AQF Level 9). The dispute arose when the applicant transferred to a Certificate III in Commercial Cookery (AQF Level 3), which was a lower qualification level than that for which her visa was granted. The applicant argued that she was misled by education consultants and that personal circumstances, including her mother's ill health, contributed to her academic difficulties and subsequent course changes.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) of the Migration Regulations 1994, which requires a student visa holder to maintain enrolment in a registered course that, upon completion, will provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which the visa was granted. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2)(b) by enrolling in a Certificate III in Commercial Cookery, an AQF Level 3 qualification, when her visa was granted for a Master of Professional Accounting, an AQF Level 9 qualification. The Tribunal noted that the exceptions under clause 8202(3) did not apply. Despite considering the applicant's submissions regarding personal hardship, advice received from consultants, and her intentions to support her family and pursue a career in hospitality, the Tribunal concluded that these factors did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.