Pau (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's failure to attend a scheduled hearing and the ground that the applicant was not enrolled in a registered course, which constituted a failure to comply with a condition of their visa.

The Tribunal was required to determine whether the applicant had failed to comply with a condition of their visa by not being enrolled in a registered course. It also had to consider whether, in light of this failure, the Minister's discretion to cancel the visa had been exercised correctly, and whether the applicant's circumstances, including financial difficulties leading to non-payment of fees, warranted a different outcome.

The Tribunal found that the applicant had indeed failed to comply with their visa conditions by not being enrolled in a registered course. It acknowledged the applicant's stated financial difficulties but emphasised that compliance with visa conditions is a fundamental responsibility of visa holders. The Tribunal concluded that the applicant had not provided sufficient evidence to demonstrate that the Minister's decision to cancel the visa was not a correct or preferable decision. Consequently, the Tribunal affirmed the decision under review.