Matharu (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by the applicant, Mr. Matharu. The dispute centred on 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 and maintain satisfactory course progress and attendance. The Tribunal was tasked with determining if the applicant had indeed failed to comply with this condition and, if so, whether the decision to cancel his visa should be affirmed.

The Tribunal found that the applicant had breached condition 8202(2)(a) of his visa. Evidence before the Tribunal indicated that the applicant's enrolment was discontinued on 18 October 2016 due to non-payment of fees. He remained unenrolled in a registered course of study for a period of nine months until the visa cancellation. The applicant's explanation for not responding to a Notice of Intention to Consider Cancellation was that he was not checking his emails, which he acknowledged was a mistake on his part. The Tribunal gave little weight to the applicant's stated intention to study, given his prolonged period of non-enrolment and lack of commitment to completing a course.

In considering the discretion to cancel the visa, the Tribunal noted the applicant's lack of commitment to his studies, his repeated changes of educational institutions based on dissatisfaction with course structure or staff, and his failure to maintain enrolment. The Tribunal also found that the applicant had not demonstrated significant hardship that would warrant setting aside the cancellation decision, particularly given his prolonged period in Australia without complying with visa conditions. Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.