Rai (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 500, held by the applicant. The dispute arose because the applicant's visa was cancelled on the grounds that they had not been enrolled in a full-time registered course between 30 November 2018 and 26 February 2020, which constituted a breach of condition 8202(2)(a) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had breached condition 8202(2)(a) by failing to maintain enrolment in a full-time registered course. If a breach was established, the Tribunal would then consider whether the visa could be cancelled under section 116(1) of the Migration Act 1958. The applicant contended that despite some tardiness in attending classes, they had remained enrolled and had paid course fees throughout the relevant period.

The Tribunal reasoned that while the initial information available to the Department suggested a period of non-enrolment, the applicant provided substantial documentary evidence after an adjournment. This evidence included Confirmation of Enrolment (CoE) documents for a Diploma in Software Development and a Bachelor of IT, academic transcripts demonstrating study between July 2018 and August 2019, bank statements showing continuous fee payments throughout 2019, and correspondence regarding course changes and a new enrolment in a Certificate III in Cookery. Based on this evidence, the Tribunal concluded that the applicant had not failed to comply with condition 8202(2)(a).

Consequently, the Tribunal found that the ground for cancellation under section 116(1)(b) of the Act did not arise. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 500 (Student) visa.