Shuvo (Migration)

The Administrative Appeals Tribunal considered the case of Shuvo, an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute arose because the applicant ceased enrolment in a registered Higher Education course and subsequently changed to a Vocational course, while also facing a family bereavement and retaining employment.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had complied with the requirement to be enrolled in a full-time registered course. If a breach was found, 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 found that the applicant had breached condition 8202(2)(a) of the Regulations, as he had not been enrolled in a registered course since 7 October 2018, following the completion of an English course. While the applicant had received an offer for vocational courses, he was on a Bridging visa E which did not permit study. The Tribunal acknowledged the applicant's initial purpose of studying engineering, his subsequent desire to pursue commercial cookery and hospitality management, and his employment history. However, the Tribunal concluded that the applicant's failure to maintain enrolment in a registered course, coupled with his shift in study goals away from a bachelor-level qualification, meant that the visa cancellation should be affirmed.