SODHI (Migration)

This matter concerned an appeal by the applicant against the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The dispute arose because the applicant ceased enrolment in his Master of Technology course, which was at AQF Level 9, and subsequently enrolled in vocational courses at a significantly lower AQF level. The Administrative Appeals Tribunal (AAT) was required to determine whether the cancellation of the applicant's visa was justified.

The primary legal issue before the Tribunal was whether to exercise its discretion to cancel the applicant's visa, notwithstanding that he had failed to comply with a condition requiring him to study at or above the AQF level for which the visa was granted. The applicant contended that he had received incorrect advice and did not understand the implications of changing his course of study to vocational training, claiming he was unaware of the difference between degree levels.

The Tribunal considered the applicant's circumstances, including his prior attainment of a Bachelor of Technology degree and his enrolment in a Master's degree, which indicated a capacity to understand academic progression and qualification levels. The Tribunal found it unlikely that the applicant was entirely unaware of the distinction between a Bachelor's and a Master's degree, given his educational background and the logical progression of his studies. While accepting he might not have fully grasped the intricacies of the AQF or the precise consequences of his actions, the Tribunal was not persuaded that his failure to comply with the visa condition was solely due to a complete lack of understanding. The Tribunal affirmed the decision to cancel the visa.