LI (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (class TU) Higher Education Sector visa (Subclass 573). The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a registered course of study. The applicant did not attend the tribunal hearing.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a visa holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the applicant's visa under section 116(1) of the Migration Act 1958.

The Tribunal reasoned that the applicant had breached condition 8202(2) as he was not enrolled in a registered course of study from 18 August 2015, despite being granted a visa to undertake a Master of Business Management. The Tribunal noted that the applicant had only completed an English Language Program and had not commenced his registered course. Despite acknowledging potential hardship and the consequential cancellation of a family member's visa, the Tribunal found the breach to be significant and was not satisfied that the applicant's current intention was to remain in Australia for the purposes of study. The Tribunal also noted the applicant's failure to attend the hearing.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal stated it had no jurisdiction with respect to another applicant.