Khanal (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant's visa was cancelled by the delegate on the grounds that he was not enrolled in a registered course of study. The applicant did not respond to the notification of intention to cancel his visa.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, as the ground for cancellation did not mandate it.

The Tribunal found that the applicant had breached condition 8202(2)(a) as evidence from the Provider Registration and International Student Management System (PRISMS) indicated he was not enrolled in a registered course from 2 November 2016. Having established a ground for cancellation under section 116(1)(b) of the Act, the Tribunal considered its discretion. It noted that the applicant's purpose for travel was to study, but this did not outweigh the significant breach of visa conditions. The Tribunal found the applicant's non-compliance with condition 8202 to be significant, particularly given the purpose of a student visa is to study and maintain enrolment.

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