Nandan (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) Subclass 573 (Higher Education Sector) visa. The dispute arose from the applicant's alleged non-compliance with visa conditions, specifically the failure to maintain enrolment in a qualifying course of study.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether to exercise its discretion to cancel the visa. The core legal issue revolved around whether the applicant had continued to satisfy the primary criteria for the grant of the visa, as mandated by visa condition 8516, which required ongoing enrolment in a principal course of study provided by an eligible education provider.

The Tribunal found that the applicant's enrolment in a Bachelor of Business at Latrobe University was cancelled, and he did not hold a valid enrolment in a specified course of study until after the delegate's decision. Consequently, the Tribunal was satisfied that the applicant had breached visa condition 8516, establishing the ground for cancellation under s 116(1)(b). Despite the applicant's submissions regarding family hardship due to a cyclone, his intention to study, and his belief that he was unaware of the breach, the Tribunal concluded that these circumstances did not outweigh the established breach. The Tribunal considered the applicant's stated intention to study in Australia and his desire to build a life there, but ultimately found no compelling reasons to set aside the delegate's decision.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.