KIAKO (Migration)

The Administrative Appeals Tribunal considered the case of KIAKO, who held a Student (Temporary) (Class TU) visa (subclass 500). The dispute arose from the cancellation of KIAKO's visa by the Department of Home Affairs, which KIAKO sought to have reviewed. The primary issue before the Tribunal was whether KIAKO had breached a condition of his visa, thereby providing grounds for its cancellation.

The Tribunal was required to determine if KIAKO had complied with condition 8202 of the Migration Regulations 1994. This condition mandates that a student visa holder must be enrolled in a registered course and maintain satisfactory course progress and attendance. Specifically, the Tribunal needed to ascertain if KIAKO was enrolled in a registered course as required.

The Tribunal found that KIAKO had breached condition 8202(2) because he was not enrolled in a registered course from 23 February 2018 onwards, following the cancellation of his enrolment by the Lonsdale Institute. While acknowledging KIAKO's stated family troubles and difficulties as reasons for his cessation of studies, the Tribunal noted the significant lapse of time, over 1 ¾ years, between the enrolment cancellation and the hearing date. Despite a minor degree of potential emotional and financial hardship for KIAKO, the Tribunal concluded that these factors did not outweigh the breach of the visa condition.

Consequently, the Tribunal affirmed the decision to cancel KIAKO's visa. The Tribunal noted it had no jurisdiction concerning any other applicant.