Pal (Migration)

The Administrative Appeals Tribunal considered the case of Mr Pal, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The dispute arose because Mr Pal was no longer enrolled in a course of study and had no current offer of enrolment, leading to a failure to comply with a condition of his visa.

The Tribunal was required to determine two key issues: first, whether the ground for cancellation of Mr Pal's visa existed; and second, if a ground for cancellation was established, whether the discretion to cancel the visa should be exercised in all the relevant circumstances.

In addressing the first issue, the Tribunal found that Mr Pal had breached Condition 8516 of his visa, which required him to satisfy the primary criteria for its grant. This was because his enrolment in a Bachelor of Commerce at Griffith University was cancelled on 3 May 2015, and he had not been enrolled or held a current offer of enrolment in a relevant course since that date. The Tribunal confirmed this information through the Provider Registration and International Student Management Systems (PRISMS). As Mr Pal failed to respond to the Department's notification of intention to cancel and did not attend the hearing, the Tribunal was satisfied that a ground for cancellation under s.116(1)(b) of the Migration Act existed. Regarding the second issue, the Tribunal considered the relevant circumstances, including the purpose of Mr Pal's travel and stay, and concluded that the discretion to cancel the visa should be exercised.

Consequently, the Tribunal affirmed the decision to cancel Mr Pal's Subclass 573 Higher Education Sector visa.