Suge (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision by the Minister for Immigration and Border Protection to cancel the applicant's Student (Temporary) (Class TU) Subclass 573 visa. The applicant, Mr Suge, had been granted this visa to undertake higher education studies in Australia.

The primary legal issue before the Tribunal was whether the applicant's failure to enrol in a registered course constituted a ground for visa cancellation under the *Migration Act 1958* (Cth) and associated regulations. The Tribunal also considered whether the applicant was a victim of misrepresentation regarding his enrolment obligations, and if this circumstance warranted setting aside the cancellation decision.

The Tribunal found that while the applicant had not enrolled in a registered course as required by his visa conditions, he had been misled by his education agent regarding the necessity of immediate enrolment. The Tribunal accepted that the applicant had acted in good faith and had taken steps to rectify the situation once he became aware of the true requirements. Applying the principles of fairness and considering the applicant's circumstances, the Tribunal determined that it was not in the public interest to affirm the cancellation decision.

Consequently, the Tribunal set aside the Minister's decision to cancel Mr Suge's visa and substituted a new decision to affirm the visa.