Sharun (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 572 Vocational Education and Training Sector student visa. The dispute centred on whether the applicant had breached a condition of his visa, leading to its cancellation by the Department. The applicant, represented by Mr Lim, sought review of this decision.

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

The Tribunal found that the applicant had breached condition 8202(2) because he was not enrolled in a registered course of study from 7 June 2017, a fact confirmed by the applicant himself. The Tribunal then considered its discretion to cancel the visa, noting that no specific matters were mandated for consideration under the Act or Regulations. Having found a breach, and considering the purpose of the visa was for study and training in Australia, the Tribunal affirmed the decision to cancel the applicant's visa.