Kiddie (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 500 (Student) visa. The Department of Home Affairs had cancelled the visa on the grounds that the applicant had breached a condition requiring full-time enrolment in a registered course, as evidenced by information from the Provider Registration and International Student Management System (PRISMS) indicating no enrolment since July 2017. The applicant failed to respond to the Department's notification of the potential cancellation.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The specific ground in question was the applicant's alleged non-compliance with visa condition 8202, which mandates full-time enrolment in a registered course. The Tribunal also had to consider whether there were any relevant circumstances that would militate against cancellation.

The Tribunal found that the ground for cancellation was established because the applicant had not provided any evidence of enrolment in a registered course since July 2017, despite being notified by both the Department and the Tribunal. The Tribunal noted that the applicant had not responded to requests for information or provided any comments on the adverse information. In exercising its discretion, the Tribunal considered the applicant's stated purpose of study, which was no longer relevant given his lack of enrolment. It also noted the applicant's failure to notify the Department of any change of address, indicating an unwillingness to comply with obligations. No hardship, breach of international obligations, or strong ties to Australia were identified.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.