KOO (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector), held by the applicant. The dispute arose because the applicant was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically whether they had complied with the requirement 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, despite the applicant's claims of potential hardship.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course since 8 August 2016, a fact admitted by the applicant. While the applicant later provided evidence of re-enrolment and completion of a semester in 2017, this occurred after the visa cancellation. The Tribunal also noted a lack of evidence regarding a claimed Diploma of Leadership and Management. Considering the applicant's history of academic difficulty and English language proficiency concerns, and the fact that the re-enrolment occurred post-cancellation, the Tribunal concluded that the grounds for cancellation outweighed any potential hardship.

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