Jin (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector), held by the applicant, Jin. The applicant had departed Australia and did not attend a scheduled hearing. The primary ground for cancellation was the applicant's failure to maintain enrolment in a registered course, a breach of visa condition 8202.

The Tribunal was required to determine whether the grounds for cancellation of the applicant's visa existed and, if so, whether to exercise its discretion to cancel the visa. This involved assessing the applicant's compliance with visa condition 8202, which mandates enrolment in a registered course and satisfactory academic progress and attendance. The Tribunal also considered the applicant's stated reasons for non-compliance and his intention in travelling to and remaining in Australia.

The Tribunal found that the grounds for cancellation were established, noting that the applicant's enrolment in his English coursework was cancelled due to unsatisfactory attendance in March 2015, his diploma was cancelled in July 2016 due to unsatisfactory course progress, and his advanced diploma was cancelled in August 2018 due to non-commencement of studies. While the applicant claimed to have obtained new enrolment confirmations after receiving a Notice of Intention to Cancel his visa, the Tribunal gave no weight to these late enrolments, viewing them as a response to the cancellation process rather than evidence of a genuine intention to study. The Tribunal also noted the applicant's failure to attend the scheduled hearing or provide any written or oral evidence to support his case, which prevented the Tribunal from fully understanding his academic and career goals.

The Tribunal affirmed the decision to cancel the applicant's visa, concluding that the seriousness of the breach of visa condition 8202, coupled with the applicant's poor academic record and lack of engagement with the Tribunal, meant that the discretion to cancel the visa should be exercised.