Navarro (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant, a citizen of the Philippines, had been granted the visa to undertake study in Australia. The Department had cancelled the visa on the grounds that the applicant had breached condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a full-time registered course.

The primary legal issue before the Tribunal was whether the applicant had indeed breached condition 8202 of her visa, and if so, whether the discretion to cancel her visa should be exercised. Condition 8202 requires a student visa holder to be enrolled in a full-time registered course, maintain enrolment in a course leading to a qualification at the same or higher level than the original course, and achieve satisfactory course progress and attendance. The applicant's visa was cancelled because her Provider Registration and International Student Management System (PRISMS) records indicated she had not been enrolled in a registered course since February 2021.

The Tribunal considered the applicant's submissions, which cited the death of her father and the impact of the COVID-19 pandemic as reasons for her non-compliance. However, the Tribunal noted that the applicant had only obtained new enrolments after being contacted by the Department, suggesting an attempt to avoid cancellation rather than a genuine commitment to study. Furthermore, the applicant had not completed any study since being granted her visa in December 2020, and her initial enrolments had been cancelled due to non-commencement. Despite acknowledging the applicant's desire to study and her responsibilities as a single mother, the Tribunal was not satisfied that she had demonstrated a compelling need to remain in Australia, particularly given the significant period of non-study and the availability of some relevant qualifications in her home country.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.