Mohammed (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector. The applicant's visa was cancelled on the grounds that they had breached condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had complied with this condition.

The central 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. Specifically, the Tribunal had to consider whether the applicant remained enrolled in a registered course after 2 May 2016, as indicated by the education provider's records.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course after 2 May 2016. Evidence from the education provider confirmed that the applicant's enrolment in the Advanced Diploma of Management was cancelled on that date and that they did not continue with their studies. Furthermore, the Tribunal considered the applicant to be an untruthful witness, noting inconsistencies in their evidence regarding course completion. Having found a breach of a visa condition, the Tribunal then exercised its discretion to cancel the visa, affirming the delegate's decision.