Kalsi (Migration)

The Administrative Appeals Tribunal considered the case of Kalsi, an applicant whose Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, was cancelled. The dispute arose because the applicant was not enrolled in a higher education course as required by her visa conditions, citing study difficulties, financial issues, and problems with her migration agent.

The Tribunal was required to determine whether the grounds for visa cancellation existed under section 116(1)(b) of the Migration Act 1958 (Cth), specifically whether the applicant had complied with condition 8516 of her visa. This condition mandates that a visa holder must continue to satisfy the criteria for the grant of their visa. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the applicant had breached condition 8516 because her enrolment in a Bachelor of Commerce course was cancelled on 10 March 2016, and she did not obtain enrolment in an appropriate higher education course until after a Notice of Intention to Consider Cancellation was issued approximately 13 months later. Despite the applicant's explanations regarding financial difficulties and advice from migration agents, the Tribunal was not satisfied that her intention was to reside in Australia for the purpose of studying a course at the level required by her visa. The Tribunal noted that the applicant had only completed vocational courses and was not enrolled in a qualifying higher education course at the time of the hearing, nor did she intend to complete her stated nursing course by the original deadline.

Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 573 Higher Education Sector visa.