SOMAL (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant sought to have the decision to cancel his visa affirmed.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, specifically whether the applicant had complied with a condition of his visa. If the ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the applicant had not disputed the evidence that he was not enrolled in a registered course of study for a period of fourteen months, which constituted a breach of visa condition 8202(2)(a). Consequently, the ground for cancellation was established. In considering the exercise of discretion, the Tribunal acknowledged the applicant's stated purpose for study in Australia and the financial hardship he and his family would face if the visa were cancelled. However, the Tribunal gave these factors limited weight in comparison to the significance of the breach of visa conditions. The Tribunal concluded that, on the whole of the circumstances, the decision to cancel the applicant's visa should be affirmed.