RAZA (Migration)

This matter concerned the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by the applicant. The dispute arose when the Department of Immigration and Border Protection (DIBP) formed the view that the applicant had not complied with a condition of his visa, leading to the consideration of cancellation under section 116(1)(b) of the Migration Act 1958 (Cth). The applicant responded to the notification of intention to cancel, and the matter was subsequently reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached a condition of his visa, specifically Condition 8202, which requires a visa holder to be enrolled in a registered course. If a breach was found, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, taking into account relevant factors. The Tribunal also had to assess the purpose for which the visa was granted and the applicant's degree of compliance with visa conditions.

The Tribunal found that the applicant had not complied with Condition 8202(2)(a) as he had not been enrolled in a registered course since 20 April 2016, a fact not disputed by the applicant. This failure constituted a ground for cancellation under section 116(1)(b) of the Act. In exercising its discretion, the Tribunal considered the applicant's stated reasons for wishing to remain in Australia, including his father's health condition and loss of financial support, and the fact that the purpose for which the visa was granted had terminated. Despite these personal circumstances, the Tribunal affirmed the decision to cancel the visa.