Matiku (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant had been invited to provide further information but did not respond, and consequently was not entitled to appear before the Tribunal. The primary ground for cancellation was the applicant's alleged failure to remain enrolled in a registered course.

The 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 and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Regulations, as their Provider Registration and International Student Management System (PRISMS) record indicated they were not enrolled in a registered course between 14 March 2017 and 8 November 2017. The applicant provided no information to counter this finding or to suggest they were enrolled in a registered course or had applied for another substantive visa during that period. In considering the discretion to cancel, the Tribunal noted the substantial length of the non-compliance, the lack of any information regarding illness or hardship that might explain the breach, and the applicant's failure to respond to the Department or engage with the Tribunal. The Tribunal concluded that the applicant had not demonstrated a compelling need to remain in Australia and would not face particular hardship if the visa were cancelled.

The Tribunal affirmed the decision to cancel the applicant's visa.