Kyunde (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Kyunde, who sought review of the Minister's decision to cancel her Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the ground that Ms. Kyunde was not enrolled in a registered course of study, as evidenced by an unsigned conditional offer of enrolment.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel Ms. Kyunde's visa was justified, including whether the discretion to cancel had been exercised correctly. This involved determining if Ms. Kyunde had, in fact, failed to maintain enrolment in a registered course, and if so, whether the circumstances warranted the cancellation of her visa.

The Tribunal found that Ms. Kyunde had not been enrolled in a registered course of study at the time of the cancellation decision. It noted that an unsigned conditional offer of enrolment did not constitute enrolment in a registered course. Furthermore, the Tribunal considered the significant period of non-enrolment and concluded that the purpose for which the visa was granted had not been fulfilled. Consequently, the Tribunal affirmed the Minister's decision to cancel the visa.