KISSOONDOYAL (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The appeal was heard by the Tribunal, presided over by Senior Member Antoinette Younes. The core dispute revolved around whether the applicant had breached a condition of their visa, leading to its cancellation by the delegate.

The Tribunal was required to determine whether the applicant had breached Condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to ascertain if the applicant was enrolled in a registered course as required by the condition, and if not, whether the visa cancellation decision should be affirmed. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's circumstances and relevant government policy guidelines.

The Tribunal found that the applicant had breached Condition 8202(2) as they had not been enrolled in a registered course for approximately five months prior to the visa cancellation. While the applicant obtained subsequent confirmations of enrolment, these were cancelled due to non-commencement of studies. The Tribunal acknowledged the applicant's difficulties in achieving study goals since arriving in Australia in 2010, noting multiple cancelled enrolments. Despite the applicant's claims of compassionate circumstances, including the death of parents, and the potential hardship cancellation might cause, the Tribunal concluded that these circumstances did not outweigh the significant non-compliance with visa conditions. The Tribunal affirmed the decision to cancel the applicant's visa.