SANDHU (Migration)

This matter concerned an application by Mr Sandhu for review of the cancellation of his Student (Temporary) (Class TU) visa, specifically a Subclass 573 Higher Education Sector visa. The applicant had enrolled in a Bachelor of Hospitality Management but his enrolment was cancelled by his education provider seven months after the grant of his visa due to a lack of academic progress. The applicant did not re-enrol in any further coursework. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had failed to comply with a condition of his visa and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal considered whether the applicant had breached visa condition 8202, which requires a student visa holder to maintain enrolment in a registered course and achieve satisfactory academic progress. The Tribunal found that the applicant had not complied with this condition, as his enrolment had been cancelled and he had not re-enrolled. The Tribunal then considered the exercise of discretion to cancel the visa, noting that while there were no mandatory considerations, it had regard to the applicant's circumstances, including his stated reasons for travel and career aspirations. The applicant's responses regarding his future career goals were vague, leading the Tribunal to conclude that he had not travelled to Australia for the genuine purposes of study.

The Tribunal reasoned that the applicant's lack of academic progress and his vague responses to questions about his study and career goals indicated that he did not genuinely intend to study in Australia. Despite acknowledging the applicant's family's aspirations for him, the Tribunal found that this incentive had not sufficiently motivated him to comply with his visa conditions. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.