Kahlon (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by an Indian national. The dispute arose because the applicant was not enrolled in a registered course of study for a significant period, which constituted a breach of visa condition 8202. The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994 and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2) by failing to be enrolled in a registered course of study from 18 January 2021 until at least 8 November 2021. This period of non-enrolment was confirmed by Provider Registration and International Student Management System (PRISMS) records. While the applicant submitted a Certificate of Enrolment (COE) dated 6 December 2021, the course had commenced on 8 November 2021, and the Notice of Intention to Consider Cancellation (NOICC) had been validly issued and sent to the applicant's provided address prior to this re-enrolment. The Tribunal also considered the applicant's submissions regarding his father's illness and the resulting stress and financial difficulties, but concluded that these circumstances did not outweigh the breach of the visa condition.

After finding that the grounds for cancellation under section 116(2)(b) of the Migration Act 1958 were met, the Tribunal exercised its discretion to cancel the visa. It had regard to the applicant's circumstances, including the matters he raised, and the Department's Procedural Instruction on general visa cancellation powers. Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.