SONG (Migration)

The Administrative Appeals Tribunal considered the case of SONG (Migration), concerning the cancellation of the applicant's Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The dispute arose when the applicant, who had been granted a visa to study a higher education course, changed her enrolment to a vocational education and training (VET) sector level course, which was not appropriate for her visa subclass.

The Tribunal was required to determine whether the applicant had breached condition 8516 of the Migration Regulations 1994, which mandates that a visa holder must continue to satisfy the criteria for the grant of their visa. Specifically, the Tribunal needed to ascertain if the applicant's enrolment in a VET sector course meant she no longer met the requirements for a Subclass 573 visa, thereby justifying the cancellation of her visa under section 116(1) of the Migration Act 1958.

The Tribunal reasoned that condition 8516 requires a student visa holder to maintain enrolment in a course of study appropriate to the subclass of visa granted. Evidence indicated that the applicant had withdrawn from her higher education course and enrolled in a Diploma of Business, a VET level qualification. The Tribunal found that this change in enrolment meant the applicant had not maintained enrolment in a course of study that satisfied the criteria for her Subclass 573 visa. Consequently, the Tribunal concluded that the applicant had breached condition 8516 and that the decision to cancel her visa should be affirmed.