JUNG (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. The dispute centred on whether the applicant had breached a condition of his visa, leading to the delegate's decision to cancel it, which the applicant sought to have reviewed.

The primary legal issue before the Tribunal was whether the applicant had complied with Condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course as required by Condition 8202(2), and if not, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had not been enrolled in a registered course between May 2016 and February 2017, thus breaching Condition 8202(2). In considering the discretion to cancel the visa, the Tribunal noted that the purpose of a student visa is to enable study in Australia. The applicant's submissions revealed a history of prioritising employment over study, including accepting a full-time chef position and being advised by his employer about potential work visas, which led to him not attending his studies. Despite the applicant's claims of hardship impacting his wife and daughter, the Tribunal concluded that the purpose of his visa had not been fulfilled and that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's visa.