Ju (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision. The Tribunal, presided over by Vanessa Plain, was tasked with reviewing this cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2)(b) of the Migration Regulations 1994. This condition requires a student visa holder to maintain enrolment in a registered course that, upon completion, will result in a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which the visa was originally 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's visa was granted for a Bachelor of International Tourism and Hotel Management (AQF Level 7). However, the applicant's enrolment in this course was cancelled, and their subsequent enrolment was in a Diploma of Hospitality Management (AQF Level 5). This level was lower than the AQF level for which the visa was granted, and did not fall within the exceptions provided by clause 8202(3). Despite the applicant's claims of reliance on an agent and an intention to re-enrol in a Bachelor degree, the Tribunal noted that the applicant had not been enrolled in a Bachelor degree course for over 12 months. The Tribunal concluded that the applicant had not complied with condition 8202(2)(b) and, after considering the circumstances, affirmed the decision to cancel the applicant's visa.