Li (Migration)

This case concerned the applicant, a holder of a Student (subclass 500) visa, and the cancellation of that visa by the Department of Home Affairs. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994 (Cth), which requires a student visa holder to maintain enrolment in a full-time registered course. The matter was heard by Christine Kannis, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had failed to comply with condition 8202 of their visa, specifically by ceasing to be enrolled in a full-time registered course, and if so, whether the decision to cancel the visa should be affirmed. Condition 8202 mandates that the holder be enrolled in a full-time registered course, maintain enrolment in a course leading to a qualification at the same or higher Australian Qualifications Framework level, and not be certified by their education provider as failing to achieve satisfactory course progress or attendance.

The Tribunal found that the applicant had breached condition 8202(2)(a) by ceasing to be enrolled in a full-time registered course. This conclusion was based on evidence from the Provider Registration and International Students Management System (PRISMS), which indicated multiple cancellations of enrolment, including due to non-payment of fees and non-commencement of studies. While the applicant provided reasons for these issues, including being detained by police and facing criminal charges, the Tribunal noted a history of cancelled enrolments and ultimately concluded that the ground for cancellation under s 116(1)(b) of the Act was established. The Tribunal then exercised its discretion to affirm the cancellation, considering the circumstances as a whole.