Maulana (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant had been granted the visa for the purpose of study in Australia. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, specifically the requirement to be enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of their visa. If a breach was established, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's explanations and relevant government policy. The applicant's visa was cancelled on the basis that information from the Provider Registration and International Student Management System (PRISMS) indicated they had not been enrolled in a registered course since 4 September 2015.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course of study. This established the ground for cancellation under section 116(1)(b) of the Migration Act 1958. In considering the exercise of discretion, the Tribunal noted the applicant's explanations regarding family issues, disagreements with his father, and alleged interference from his aunt, which led to difficulties with tuition fees and academic progress. However, the Tribunal concluded that the degree of hardship claimed by the applicant did not outweigh the grounds for cancellation, particularly given the limited evidence presented and the applicant's failure to attend the hearing. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.