Olatunji (Migration)

This matter concerned an appeal by a Nigerian citizen, the applicant, against the cancellation of his Student (Temporary) (Class TU) Vocational Education and Training Sector (subclass 572) visa. The applicant's visa was cancelled by the Department on the basis that he had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a registered course of study. The Tribunal was required to determine whether the applicant had indeed breached condition 8202 and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issue was whether the applicant had complied with condition 8202 of the Migration Regulations 1994, which mandates that a student visa holder must be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The applicant's visa was cancelled because information indicated he had not been enrolled in a registered course since March 2016. The Tribunal also considered the applicant's explanation for ceasing his studies and his stated intention to enhance his employment capacity in Nigeria.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a registered course from March 2016. While the applicant provided reasons for ceasing his studies, including a claimed instruction from a "school trainer" to take a break and a desire to pursue courses that would improve his employment prospects in Nigeria, the Tribunal found these explanations unconvincing, particularly given the significant period of non-enrolment. The Tribunal noted that the applicant had not enrolled in a new course for approximately three years prior to the hearing. Despite considering the applicant's circumstances and submissions, the Tribunal concluded that the failure to maintain enrolment was a significant breach.

The Tribunal affirmed the decision to cancel the applicant's visa, finding that the circumstances did not warrant the exercise of discretion to set aside the cancellation.