SAPUTRA (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 572 Vocational Education and Training Sector student visa. The applicant failed to attend a scheduled hearing before the Tribunal and provided no explanation for their absence. The Tribunal proceeded to make its decision based on the available evidence.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(fa)(i) of the Migration Act 1958 (Cth) was made out. This provision allows for visa cancellation if the holder of a student visa is not, or is likely not to be, a genuine student. The Tribunal also considered whether the visa should be cancelled, having regard to all relevant circumstances, including government policy.

The Tribunal reasoned that the applicant had not demonstrated they were a genuine student. While initially enrolled in a series of vocational courses, the evidence indicated that most of these enrolments were cancelled by the education provider due to non-commencement of studies or other issues, such as non-payment of fees. Furthermore, records showed the applicant was offshore during a period for which a course was intended, and that further approved confirmations of enrolment were cancelled. The Tribunal noted that the applicant's participation in a course was deferred or suspended, and the circumstances surrounding these deferrals or suspensions, as outlined in regulation 2.43(1D) of the Migration Regulations 1994, were not indicative of genuine student conduct.

The Tribunal affirmed the decision to cancel the applicant's visa.