Millawithanachchi (Migration)

The Administrative Appeals Tribunal considered the case of a Student visa holder whose visa was cancelled by the Department of Home Affairs. The applicant, who held a Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa, was notified that their visa might be cancelled due to a breach of condition 8202 of the Migration Regulations 1994. This condition requires visa holders to be enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of their visa. Specifically, the Tribunal had to determine if the applicant had been enrolled in a registered course of study for the period between 6 August 2018 and 23 June 2019, as indicated by information on the Provider Registration and International Student Management System (PRISMS). 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 been enrolled in a registered course of study for over 10 months, which constituted a breach of condition 8202(2)(a). While the applicant provided reasons for their non-enrolment, including personal circumstances and changes in study plans, the Tribunal considered this period of non-compliance to be a serious breach given the fundamental purpose of a Student visa. Despite the applicant subsequently enrolling in new courses, the Tribunal concluded that the ground for cancellation under section 116(1)(b) of the Act still existed.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal was satisfied that the applicant had not complied with a condition of their visa and, after considering the circumstances, exercised its discretion to cancel the visa.