Kamau (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the applicant's alleged failure to comply with a condition of their visa, leading to the delegate's decision to cancel it. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically by failing to be enrolled in a registered course of study. If a breach was established, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2) of the Regulations, as evidenced by information from the Provider Registration and International Student Management System (PRISM). This system indicated the applicant had not been enrolled in a registered course since 6 February 2016, a fact the applicant did not contradict. Having established grounds for cancellation, the Tribunal considered its discretion. It noted the applicant provided no evidence or submissions to the Tribunal and failed to appear at the hearing, nor had they responded to the Department's Notice of Intention to Consider Cancellation. The Tribunal concluded that the breach of condition 8202(2) was substantial and serious, and in the absence of any mitigating factors presented by the applicant, the visa cancellation was affirmed.