LI (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa. The applicant, who held a Subclass 573 Higher Education Sector visa, was notified by the delegate of the intention to consider cancellation on the grounds that he had breached condition 8202 of the Migration Regulations 1994. The delegate subsequently cancelled the visa, and the applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance, as certified by their education provider. The Tribunal was required to determine if the applicant met these requirements, particularly in light of evidence suggesting a period where he was not enrolled in a registered course and had his enrolment cancelled for unsatisfactory progress.

The Tribunal found that the applicant had indeed breached condition 8202(2) of his visa. While the applicant initially denied this breach in his response to the notice of intention to consider cancellation, he later conceded during the hearing that he had not been enrolled in a registered course for a period between April 2017 and October 2017. The Tribunal also noted that the applicant's enrolment in a previous course had been cancelled due to unsatisfactory course progress. Weighing the grounds for cancellation against the grounds for not cancelling the visa, the Tribunal concluded that the cancellation decision was justified.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.