Sultanul (Migration)

This matter concerned an appeal by the applicant, a holder of a Student (Temporary) (Class TU) visa, Subclass 572, against the decision to cancel his visa. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, specifically that he was not enrolled in a registered course of study. The applicant had been granted the visa with a stay period until 31 May 2017.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to affirm the cancellation of the visa. The applicant's visa was initially proposed for cancellation due to information from the Provider Registration and International Student Management System (PRISMS) indicating he had not been enrolled in a registered course since April 2016.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a registered course. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's stated purpose of study in Australia since 2011. However, the evidence indicated that since his arrival, the applicant had only completed approximately 28 months of study out of a period of around 100 months prior to the Tribunal hearing. Furthermore, the applicant had engaged in "course hopping" and had not obtained certificates for completed diploma courses, which the Tribunal considered evidence that his intention for remaining in Australia was not for the purposes of study. The Tribunal also noted that the applicant's agent withdrew a submission that PRISMS was incorrect regarding the completion of diploma courses, after the Tribunal indicated this could constitute strong evidence that the applicant was not a genuine student.

Consequently, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s Class TU visa.