Rana (Migration)

This matter concerned an appeal by a Student (Temporary) (Class TU) visa holder against the cancellation of his visa. The applicant had been granted a Subclass 573 Higher Education Sector visa. The Minister’s delegate had cancelled the visa on the grounds that the applicant was not a genuine student. The Administrative Appeals Tribunal was required to review this decision.

The Tribunal was tasked with determining whether the ground for cancellation existed, specifically whether the applicant was, or was likely to be, a genuine student, as contemplated by section 116(1)(fa)(i) of the Migration Act 1958 (Cth). The Tribunal also had to consider whether, having found a ground for cancellation, it should exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the applicant was not a genuine student. This conclusion was based on the applicant's Provider Registration and International Student Management System (PRISMS) record, which indicated that since being granted his most recent student visa on 30 April 2015, he had not completed any courses. Despite multiple enrolments in various courses, including a Bachelor of Business, Certificate III in Commercial Cookery, and a Diploma of Hospitality, the applicant had not completed any of them. The Tribunal noted that the applicant had been reported for unsatisfactory course progress and had not maintained enrolment in a registered course at the Higher Education Sector level for significant periods. The Tribunal affirmed the decision to cancel the applicant's visa.