Pun (Migration)

This matter concerned the review of a decision to cancel the applicant's subclass 500 temporary student visa. The applicant, who arrived in Australia in March 2020, was granted the visa to study Information Technology. The visa was cancelled on the basis that the applicant had breached condition 8202(2)(a) of the Migration Regulations 1994 by failing to be enrolled in a full-time registered course for an extensive period, specifically from 20 October 2021 until 27 January 2023. The applicant had also provided vague answers regarding his study history and had enrolled in VET level cooking and hospitality courses after the period of non-enrolment.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(a) of his student visa, which requires the holder to be enrolled in a full-time registered course. If a breach was established, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958 (Cth). The applicant had raised reasons for his non-compliance, including the impact of COVID-19, difficulties with online study, and a mental health condition, suggesting he prioritised work over study.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by remaining unenrolled for approximately 15 months. While acknowledging the applicant's stated difficulties, including the impact of COVID-19 and mental health challenges, the Tribunal concluded that these did not negate the significant period of non-compliance. In exercising its discretion to cancel the visa, the Tribunal considered the applicant's primary purpose for being in Australia was to study, and he had not completed any course of study since his arrival. The Tribunal found no compelling need for the applicant to remain in Australia and noted that while some financial and emotional hardship was acknowledged, it was not sufficient to outweigh the substantial non-compliance with visa conditions.

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