SANDHU (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by the applicant. The dispute centred on whether the applicant had breached a condition of their visa, leading to the Department's decision to cancel it, which the applicant sought to have reviewed.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course, had achieved satisfactory course progress, and maintained satisfactory course attendance, as required by the condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as they were not enrolled in a registered course of study at the time of the Notice of Intention to Consider Cancellation. The evidence indicated a history of cancelled enrolments and minimal actual study attendance since the applicant's arrival in Australia. Despite the applicant's stated intention to study, the Tribunal was not satisfied that this remained their present intention, given the significant breaches and lack of academic progression. The Tribunal concluded that the breach was significant and, considering all circumstances, affirmed the decision to cancel the applicant's visa.