Mugdho (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, specifically condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth), which requires a student visa holder to be enrolled in a full-time registered course.

The Tribunal was required to determine if the applicant had complied with condition 8202, which mandates enrolment in a full-time registered course, maintaining such enrolment at a comparable or higher qualification level, and achieving satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's purpose for remaining in Australia and the extent of any breach.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as they were not enrolled in a full-time registered course from 22 November 2019 until the visa cancellation on 11 March 2022. While the applicant expressed a desire to complete a Diploma of Aviation, the Tribunal noted a lack of evidence supporting this as their current purpose for remaining in Australia, particularly given a significant period of non-enrolment and a failed aptitude test for pilot training. The Tribunal also considered a letter of acceptance for a Diploma of Aviation, but noted the applicant did not enrol in that course.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that the circumstances as a whole warranted cancellation.