LE (Migration)

The Administrative Appeals Tribunal considered the case of LE (Migration), concerning the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector visa. The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course of study. The Tribunal was tasked with determining whether the applicant had indeed breached this condition and, if so, whether the decision to cancel the visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition, as relevant to the applicant's visa, mandated enrolment in a registered course of study. The Tribunal also had to consider the exercise of discretion regarding the cancellation of the visa, having found a breach of the condition.

The Tribunal found, based on evidence including the applicant's own submissions and information from the Provider Registration and International Student Management System (PRISMS), that the applicant was not enrolled in a registered course of study from 14 November 2016. This failure to be enrolled constituted a breach of condition 8202(2). In considering the discretion to cancel the visa, the Tribunal acknowledged the applicant's personal circumstances, including travel to Vietnam due to a family emergency and the death of his girlfriend. However, the Tribunal concluded that the applicant's prolonged period of non-enrolment meant he was not fulfilling the purpose of his student visa, rendering the breach significant.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. While recognising the gravity of visa cancellation, the Tribunal determined, on balance and considering all circumstances, that cancellation was the appropriate outcome.