Nischal (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector). The dispute arose because the applicant was not enrolled in a registered course, a requirement of their visa conditions.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course as required by subclause 8202(2). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Act.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course since 13 January 2016, a fact conceded by the applicant. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's submissions and government policy. The applicant explained a history of academic difficulty, an inability to pay tuition fees for a Diploma in Hospitality, and a period of residing in Australia without studying or working. Despite assurances of financial support from family members, the Tribunal noted inconsistencies in the applicant's evidence regarding who would pay for future tuition.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, considering all the circumstances, the visa should be cancelled.