Sangthaworn (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector), held by the applicant, Sangthaworn. The dispute arose from allegations of academic misconduct, specifically plagiarism, which formed the basis for the proposed cancellation of the visa under section 116(1)(fa)(ii) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. The legal issue was whether the applicant had engaged in conduct not contemplated by the visa, specifically through academic misconduct, and whether this warranted visa cancellation. The Tribunal also had to consider the applicant's submissions regarding the circumstances of the alleged misconduct, including the role of the educational institution.

The Tribunal found that the applicant had indeed engaged in conduct not contemplated by the visa, satisfying the ground for cancellation under section 116(1)(fa)(ii). While acknowledging that the educational provider, TEDI, bore some responsibility for failing to adequately inform students about plagiarism policies and for potentially encouraging such practices, the Tribunal found the applicant's conduct concerning. The applicant, an experienced student, admitted to plagiarising material, and the Tribunal noted that the extent of plagiarism was more significant than initially stated. Despite the mitigating factors concerning TEDI's practices, the Tribunal concluded that the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 572 visa.