Khan (Migration)

The Administrative Appeals Tribunal considered the case of Khan, an applicant whose Student (Temporary) (Class TU) Subclass 573 visa was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to its cancellation by the Department.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994, specifically whether they were enrolled in a registered course of study. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) as evidence from the Provider Registration and International Student Management System (PRISMS) indicated they had not been enrolled in a registered course since 20 June 2016. Despite being granted an extension to respond to a Notice of Intention to Consider Cancellation, the applicant provided no further information or submissions. The Tribunal noted that the purpose of a student visa is to undertake study, and the applicant's prolonged non-engagement in study, coupled with the absence of compelling reasons to remain in Australia, weighed heavily in favour of cancellation. No evidence of hardship was presented.

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