Lima (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector). The dispute arose because the applicant was not enrolled in a registered course, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had complied with this condition and, if not, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had indeed breached condition 8202(2) of the Regulations, as he conceded he was not enrolled in a registered course at the time of cancellation. Having established this breach, the Tribunal then considered its discretion to cancel the visa. It had regard to the applicant's circumstances, including his prior studies and work experience in cinema in Brazil, his desire to obtain a business qualification in Australia to start his own company upon return, and his existing employment contract in Brazil. The Tribunal also considered the applicant's financial difficulties and non-payment of tuition fees, concluding these were not beyond his control.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. It concluded that, on the evidence, there was no compelling need for the applicant to remain in Australia, particularly given his established career prospects and contractual obligations in Brazil. The Tribunal found that the applicant's stated reasons for seeking a qualification in Australia were not sufficiently compelling to outweigh the breach of the visa condition.