Mwangi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 572 Vocational Education and Training Sector visa was cancelled. The dispute arose because the applicant was no longer enrolled in a registered course of study, a breach of visa condition 8202(2)(a), primarily due to non-payment of fees. The applicant contended that financial difficulties stemming from his mother's serious illness and subsequent inability to provide financial support, coupled with a misunderstanding of the Notice of Intention to Consider Cancellation (NOICC), constituted extenuating circumstances.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances. The applicant’s failure to maintain enrolment in a registered course was a clear breach of condition 8202(2)(a). The Tribunal also had to consider the applicant's submissions regarding his financial hardship and the reasons for his non-response to the NOICC when deciding whether to affirm the cancellation.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by ceasing to be enrolled in a registered course of study due to non-payment of fees. While acknowledging the applicant's stated financial difficulties and his mother's illness, the Tribunal found that these circumstances, when considered cumulatively and on balance, did not outweigh the seriousness of the breach. The applicant's failure to respond to the NOICC was also a significant factor. Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.