Mehdi (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Student (Temporary) (Class TU) Subclass 572 visa. The applicant had applied for a review of the delegate's cancellation decision, which was based on the applicant's failure to be enrolled in a registered course of study since 8 June 2016, thereby breaching visa condition 8202. The Tribunal acknowledged receipt of the applicant's review application and requested further information and submissions, including a current Certificate of Enrolment and documents relating to past studies and intended future studies.

The primary legal issue before the Tribunal was whether the applicant had breached visa condition 8202, which requires the holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors outlined in the Department's Procedures Advice Manual. The Tribunal was required to determine the application based on the limited evidence provided by the applicant, as he failed to attend the scheduled hearing or provide any additional documents or submissions despite repeated requests.

The Tribunal reasoned that the applicant had indeed breached condition 8202 by not being enrolled in a registered course of study for a significant period. The Tribunal noted that the applicant did not respond to the Notice of Intention to Consider Cancellation (NOICC) or provide any explanation for his non-compliance. Furthermore, the applicant failed to provide any evidence or arguments to persuade the Tribunal not to exercise its discretion to cancel the visa, despite opportunities to do so. The Tribunal considered that the applicant's failure to engage in study for which the visa was granted, and the absence of compelling reasons for him to remain in Australia, weighed in favour of cancellation.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal concluded that the applicant's prolonged non-enrolment in a registered course meant he was not fulfilling the purpose of his travel to and stay in Australia, and that there were no compelling circumstances to warrant retaining the visa.