MASKEY (Migration)

This matter concerned an application by the holder of a Subclass 500 student visa for review of a decision to cancel that visa. The applicant's visa was cancelled on the basis that he failed to maintain enrolment in a registered course of study after his enrolment was cancelled by his education provider on 18 June 2019. The applicant confirmed the correctness of this finding at the hearing. The Tribunal was required to determine whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 and, if so, whether the visa should be cancelled.

The Tribunal considered condition 8202(2)(a), which requires a visa holder to be enrolled in a full-time registered course. The evidence established that the applicant was not enrolled in a full-time registered course after 18 June 2019, thus breaching this condition. The Tribunal then considered its discretion to cancel the visa, having regard to the applicant's purpose for travel, the extent of compliance with visa conditions, the degree of hardship that might be caused by cancellation, and the circumstances in which the ground for cancellation arose. The applicant provided no evidence of a compelling need to remain in Australia or of significant hardship resulting from cancellation, beyond some financial and emotional disappointment.

The Tribunal concluded that the applicant had not complied with condition 8202(2)(a) of his visa. In exercising its discretion, the Tribunal found that the applicant had not demonstrated a compelling need to remain in Australia and had provided no evidence of significant hardship. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.