Sabin (Migration)

This matter concerned an appeal by a student visa holder against the cancellation of their visa. The applicant failed to enrol in a registered course, did not appear at hearings before the Tribunal, and provided no documentation to support claims of medical grounds for their non-appearance or their father's illness. The applicant also failed to engage with their education provider.

The Tribunal was required to determine whether the Minister's decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), was justified. Specifically, the Tribunal had to consider if the applicant had breached a condition of their visa, namely condition 8202, which requires enrolment in a registered course and satisfactory course progress and attendance. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to various factors including the applicant's circumstances, the purpose of the visa, and any potential international obligations.

The Tribunal reasoned that the applicant had clearly breached condition 8202 by failing to enrol in a registered course for over seven months prior to the cancellation. The Tribunal found that the applicant had not demonstrated they were a genuine student interested in completing their studies, particularly given their lack of engagement with the Tribunal and the education provider. While the Tribunal considered factors such as non-refoulement obligations, it found no evidence to suggest that cancellation would lead to a breach of these obligations, as the applicant had provided no information about potential harm upon return to their home country. The Tribunal also noted that the applicant's visa was not a permanent one, and therefore considerations regarding strong ties to Australia were not applicable.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that the applicant had not satisfactorily demonstrated they were a genuine student deserving of having their visa reinstated.