Panara (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Subclass 573 Higher Education Sector visa. The dispute arose because the applicant failed to comply with condition 8202 of their visa, which required them to be enrolled in a registered course of study. The applicant had ceased to be enrolled in a registered course for a period of nearly 12 months, from 14 July 2017 until 9 July 2018. The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was made out and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2)(a) by not being enrolled in a registered course of study for the specified period, thereby satisfying the ground for cancellation under s 116(1)(b). Although this ground did not mandate cancellation, the Tribunal proceeded to consider whether to exercise its discretion. The applicant provided reasons for their non-compliance, including academic difficulties in previous Bachelor-level courses, challenges with English proficiency, and a lack of awareness regarding different types of educational institutions. The applicant also indicated an intention to pursue vocational education in automotive technology.

Despite acknowledging the significance of visa cancellation and considering the applicant's explanations, the Tribunal ultimately affirmed the decision to cancel the visa. The Tribunal noted that the applicant had been without enrolment for nearly 12 months, a period longer than initially stated by the applicant. On balance, and after considering all the circumstances, the Tribunal concluded that the cancellation of the visa was warranted.