ROLON SOLANO (Migration)

The Administrative Appeals Tribunal considered the case of Rolon Solano, who sought review of the decision to cancel his Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa. The dispute arose because Mr. Solano ceased to be enrolled in a registered course and failed to pay his tuition fees, leading to the cancellation of his visa under section 116(1) of the Migration Act 1958.

The primary legal issue before the Tribunal was whether Mr. Solano had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa, having regard to the applicant's circumstances and relevant government policy.

The Tribunal found that Mr. Solano had breached condition 8202(2) by ceasing to be enrolled in a registered course on 24 May 2016, a fact admitted by the applicant. While the Tribunal accepted that Mr. Solano later enrolled in a Certificate II course, this did not negate the earlier breach. The Tribunal noted that Mr. Solano's study had been disrupted due to personal and health issues, and he had returned to his home country for medical treatment. However, his failure to pay tuition fees, despite his parents' ability to pay, and his subsequent enrolment in a course he did not complete, weighed against him in the exercise of discretion.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Solano's visa. The Tribunal concluded that, considering all the circumstances, the cancellation of the visa was the appropriate outcome.