Khan (Migration)

This matter concerned an appeal by an applicant, a citizen of India, against the cancellation of his Student (Temporary) (Class TU) visa. The applicant had been granted the visa to undertake a Master of Business Information Systems at Torrens University. The Department of Home Affairs had cancelled the visa under section 116(1) of the Migration Act 1958 (Cth) on the grounds that the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth). The Administrative Appeals Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether the decision to cancel the visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of his student visa. This condition, as relevant to the applicant, required him to be enrolled in a full-time registered course, maintain enrolment in a course at the same or higher Australian Qualifications Framework (AQF) level as the course for which the visa was granted, and achieve satisfactory course progress and attendance. The Department's cancellation was based on information from the Provider Registration and International Student Management System (PRISMS) indicating the applicant was not enrolled in a registered course between 11 November 2022 and 29 September 2023.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) of his visa, as PRISMS records showed he was not enrolled in a registered course during the specified period. While the applicant provided reasons for his non-compliance, including his mother's serious illness in India and his subsequent travel to that country, and his eventual re-enrolment in a lower-level diploma course, the Tribunal noted that his Confirmation of Enrolment (CoE) for the Master of Business Information Systems had been cancelled on 11 November 2022 due to non-payment of fees. After considering all the circumstances, including the applicant's explanation and the fact that he had failed to maintain enrolment in a full-time registered course at the appropriate AQF level, the Tribunal affirmed the decision to cancel the applicant's visa.