Okoye (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by Mr. Okoye. The dispute centred on whether the cancellation of Mr. Okoye's visa was justified.

The Tribunal was required to determine if Mr. Okoye had breached a condition of his visa by failing to remain enrolled in a registered course of study. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances presented by Mr. Okoye.

The Tribunal found that Mr. Okoye had not been enrolled in a registered course since 25 September 2017, which constituted a breach of condition 8202(2) of his visa, making it liable for cancellation under s.116(1)(b) of the Migration Act. While acknowledging Mr. Okoye's explanation that his uncle's serious injury had led to a loss of financial support and subsequent distress, the Tribunal was not satisfied that these circumstances fully explained the prolonged period of non-enrolment. The Tribunal concluded that student visas are intended for study, and Mr. Okoye's limited period of actual study, followed by a substantial period of non-enrolment, weighed against exercising discretion to not cancel the visa.

Consequently, the Tribunal affirmed the delegate's decision to cancel Mr. Okoye's visa.