Rizvi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Vocational Education and Training Sector (Subclass 572) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a visa holder to be enrolled in a registered course. The applicant’s visa was cancelled on the grounds that he had not remained enrolled in a registered course of study since 3 September 2015, thereby breaching condition 8202(2)(a).

The primary legal issue before the Tribunal was to determine if the applicant had breached condition 8202(2)(a) of his student visa. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958. The Tribunal also considered whether there were any compelling reasons for the applicant to remain in Australia or any international obligations that would be breached by cancellation.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he had not been enrolled in a registered course of study since 19 October 2015, and had not completed any courses since obtaining his visa in December 2014. The applicant’s explanations for his repeated non-payment of fees and subsequent cessation of enrolment were found to be inconsistent, unsatisfactory, and lacking credibility. The Tribunal placed little weight on the applicant’s claims regarding compelling reasons to remain in Australia or potential breaches of international obligations, as no evidence was provided. Consequently, the Tribunal was not satisfied that the applicant’s circumstances warranted the exercise of discretion to prevent cancellation.

The Tribunal affirmed the decision to cancel the applicant’s Student (Temporary) (Class TU) Vocational Education and Training Sector (Subclass 572) visa.