SEO (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 572 Vocational Education and Training Sector visa. The applicant had failed to attend a hearing before the Tribunal and was found to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course of study. The Tribunal was required to determine whether the applicant had complied with condition 8202 and, if not, whether the cancellation of the visa should be affirmed.

The central legal issue was whether the applicant had breached condition 8202(2)(a) of the Migration Regulations 1994, which requires a student visa holder to remain enrolled in a registered course of study. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958. The Tribunal also considered whether any international obligations or other relevant matters warranted a different outcome.

The Tribunal found that the applicant had not been enrolled in a registered course of study since 3 February 2017, thereby breaching condition 8202(2)(a). While acknowledging the applicant's submission that he believed he was enrolled and had paid tuition fees, the Tribunal placed greater weight on the evidence of non-enrolment, emphasising the applicant's personal responsibility to ensure compliance. The Tribunal determined that the circumstances leading to the non-enrolment were not exceptional and found no indication that cancelling the visa would breach international obligations.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 572 Vocational Education and Training Sector visa.