Piyal (Migration)

This matter concerned an application for review of a decision by a Delegate of the Minister for Home Affairs to cancel the applicant's subclass 573 higher education sector visa. The cancellation was based on the applicant not being enrolled in a registered course of study, which constituted a breach of condition 8202 of the *Migration Regulations 1994*. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 by failing to maintain enrolment in a registered course of study. If this ground for cancellation was established, the Tribunal was then required to consider whether, in the exercise of its discretion, the visa should be cancelled, taking into account all relevant factors.

The Tribunal found that the applicant had indeed failed to maintain enrolment in a registered course from 18 August 2017. The applicant did not dispute this fact in his response to the notice of intention to consider cancellation, instead providing explanations for the circumstances leading to the breach. These explanations included a gambling addiction, which the applicant asserted led to him losing his tuition fees, and a recent relationship breakup which contributed to his gambling. The applicant provided a psychologist's report detailing these issues and evidence of his casino attendance. Despite these mitigating circumstances, the Tribunal affirmed the delegate's decision to cancel the visa.