Piza Medina (Migration)

This matter concerned an appeal by the applicant, Piza Medina, against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 500. The applicant had come to Australia to study a Bachelor of Commerce but ceased attending classes and had his enrolment cancelled by Torrens University. The dispute before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which governs the conduct of student visa holders, and if so, whether the cancellation of his visa should be affirmed.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The Tribunal also had to consider the exercise of discretion regarding the cancellation of the visa, having regard to the circumstances presented by the applicant.

The Tribunal found that the applicant had not complied with condition 8202(2) as his enrolment in the Bachelor of Commerce course was cancelled by his education provider, meaning he was no longer enrolled in a registered course. While the Tribunal acknowledged the applicant's stated intention to study and the personal circumstances he raised, including family illness and financial difficulties, it concluded that these factors did not outweigh the breach of the visa condition. The Tribunal noted that the applicant had subsequently enrolled in a Diploma of Leadership and Management, a lower-level course, and had also experienced issues with satisfactory attendance in that course. Ultimately, the Tribunal determined that the factors favouring cancellation outweighed those against it.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.