Mann (Migration)

This matter concerned an application by Mr Mann for review of a decision by a delegate of the Minister for Home Affairs to cancel his Student (Temporary) (Class TU) visa, subclass 574 (Postgraduate Research Sector). The cancellation was based on the applicant not being enrolled in a registered course of study. The applicant appeared before the Tribunal to present evidence and arguments.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course of study or training. If a breach was established, the Tribunal then had to determine whether the visa should be cancelled under section 116(1) of the Migration Act 1958. The applicant's visa was cancelled on the basis that he was not enrolled in a registered course from 2 April 2019.

The Tribunal was satisfied, based on the applicant's oral evidence, that he was indeed not enrolled in a registered course from 2 April 2019 onwards, thus finding a breach of condition 8202(2)(a). However, the Tribunal then considered whether the visa should be cancelled. While the Act and Regulations did not specify mandatory considerations for this discretionary power, the Tribunal noted that the applicant had provided extensive details regarding the circumstances leading to the cancellation of his enrolment at James Cook University. The Tribunal concluded that the decision to cancel the applicant's visa should be set aside.