Mirza (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 573 Higher Education Sector student visa. The applicant had been found not to have complied with condition 8516 of the Migration Regulations 1994, which requires a visa holder to continue to satisfy the criteria for the grant of their visa. The specific ground for cancellation was that the applicant was not enrolled in a registered course of study, nor had they been enrolled in a higher education level course as required by the visa subclass.

The Tribunal was required to determine whether the applicant had breached condition 8516 of their visa. If a breach was established, the Tribunal then had to consider whether to affirm the decision to cancel the visa, exercising its discretion in light of the circumstances. The relevant criteria for the grant of a Subclass 573 visa, as outlined in subclauses 573.223(1A) and 573.231, stipulated requirements for enrolment in a principal course of study and, for eligible higher degree students, confirmation of enrolment in a relevant course.

The Tribunal found that the applicant had not complied with condition 8516. The applicant provided extensive evidence detailing a series of personal difficulties, including exploitation by an acquaintance, financial hardship, family issues, and reliance on migration agents, which led to significant study gaps and a failure to maintain enrolment in registered courses. Despite these explanations, the Tribunal concluded that the circumstances warranted the cancellation of the visa. The Tribunal affirmed the decision to cancel the applicant's visa.