Pham (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa. The applicant, Mr. Pham, had his visa cancelled on the grounds that he was not enrolled in a registered course, a requirement under Schedule 8 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the requirements for holding a Subclass 573 visa, specifically whether he was enrolled in a registered course as stipulated by the Migration Regulations. The Tribunal also considered the applicant's submission regarding his difficult personal circumstances and whether these circumstances warranted the exercise of discretion in his favour.

In its reasoning, the Tribunal found that the applicant had failed to meet the core requirement of being enrolled in a registered course. While acknowledging the applicant's personal difficulties, the Tribunal concluded that these circumstances were not exceptional enough to justify a different outcome. Furthermore, the Tribunal determined that the applicant had not taken reasonable steps to manage his situation, which contributed to his failure to maintain enrolment. Consequently, the Tribunal affirmed the delegate's decision to cancel the visa.