Suarez Mayorga (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Suarez Mayorga, who was the holder of a Student (Temporary) (Class TU) visa (Subclass 500). The dispute arose from the cancellation of his visa by the Department of Home Affairs. Mr. Suarez Mayorga sought to have this cancellation decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Suarez Mayorga had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if he had failed to maintain enrolment in a registered course of study, which was a requirement of his visa. If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of his visa.

The Tribunal found that Mr. Suarez Mayorga had not been enrolled in a registered course for a significant period, from 18 July 2017 to 1 June 2018, a duration of over ten months. This failure to maintain enrolment constituted a breach of condition 8202(2)(a) of his visa. The Tribunal noted that while Mr. Suarez Mayorga claimed to have had study difficulties, attempted to enrol in other courses, and engaged in volunteer work, these activities did not satisfy the requirement of being enrolled in a registered course. The Tribunal also considered his stated intention to study a PTE course, but found that the extended period taken to prepare for examinations and the lack of corroborating evidence, coupled with the continued absence of enrolment in a registered course, were inconsistent with the purpose of his student visa.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Suarez Mayorga's visa, concluding that the prolonged period of non-enrolment in a registered course was a serious breach of his visa conditions and that the circumstances did not warrant the exercise of discretion to set aside the cancellation.