POON (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to cancel the applicant's subclass 573 visa. The cancellation was based on the applicant's alleged breach of visa condition 8202, which requires a student visa holder to remain enrolled in a registered course. The applicant argued that despite the breach, the visa should not be cancelled, citing personal hardship and parental pressure as reasons for ceasing study. The Administrative Appeals Tribunal (AAT) considered the evidence presented by the applicant and his representative, as well as relevant government policy guidelines.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa. The applicant admitted to not being enrolled in a registered course between 22 August 2016 and July 2017, a period during which he was not enrolled in any course. This admission confirmed the delegate's finding that condition 8202 had been breached.

The Tribunal found that the applicant had indeed failed to comply with condition 8202, thereby providing a ground for cancellation under section 116 of the Migration Act. In considering whether to exercise its discretion to cancel the visa, the Tribunal had regard to the applicant's submissions regarding his lack of interest in business studies, pressure from his parents, and subsequent depression. The Tribunal also noted the applicant's parents' later acceptance of his chosen field of study and their willingness to support him. Despite these personal circumstances, the Tribunal affirmed the delegate's decision to cancel the visa.