Mann (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to provide requested information within the allowed period and did not attend a hearing. The primary dispute revolved around the applicant's compliance with visa conditions, specifically condition 8202, which requires a student visa holder to be enrolled in and undertaking a registered course of study.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether to exercise its discretion to cancel the visa. The applicant's enrolment in a Certificate III Light Vehicle Mechanical Technology course had been cancelled on 2 December 2021 due to non-payment of fees, and their enrolment in a Certificate IV Mechanical Diagnosis course was cancelled on the same date due to non-commencement of studies. These cancellations meant the applicant was not undertaking the study for which the visa was granted, thus breaching condition 8202.

The Tribunal found that the ground for cancellation under s 116(1)(b) was established as the applicant had ceased to be enrolled in a registered course and had failed to comply with condition 8202. In considering the exercise of discretion to cancel the visa, the Tribunal had regard to the circumstances, including the applicant's failure to respond to the Notice of Intention to Consider Cancellation and their absence from the hearing. The Tribunal noted that the applicant had not been enrolled in a course of study for approximately 14 months prior to the Notice of Intention to Consider Cancellation, which was a significant breach as it meant the applicant was not fulfilling the purpose of their visa.

The Tribunal affirmed the decision to cancel the applicant's visa, concluding that on balance, and considering all circumstances, the cancellation was warranted.