Khadka (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) Subclass 572 Vocational Education and Training Sector visa. The applicant sought to have the cancellation decision set aside.

The primary legal issue before the Tribunal was whether the ground for cancellation, specifically the applicant's failure to remain enrolled in a registered course of study as required by visa condition 8202(2)(a), was made out. If the ground was established, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's submissions and relevant government policy.

The Tribunal found that the applicant had breached visa condition 8202(2)(a) as she had not been enrolled in a registered course since 28 March 2016, when her enrolment in a Certificate IV in Aged Care was cancelled due to non-commencement of studies. While the applicant provided reasons for her cessation of enrolment, including family illness and a desire to change her field of study, the Tribunal considered these reasons in light of her history of multiple course changes and cancellations since 2010. The Tribunal concluded that the breach was significant, as the applicant had not been fulfilling the purpose of her visa for over nine months.

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