Sun (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 500 student visa. The applicant had been granted the visa to study in Australia. The cancellation was based on the applicant's alleged failure to comply with visa condition 8202, specifically by not being enrolled in a full-time registered course of study. The delegate's decision noted that the applicant had not been enrolled in a registered course since 10 April 2018 and had failed to respond to a notice of intention to cancel the visa.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition, as relevant, required the applicant to be enrolled in a full-time registered course. A secondary issue was whether, having found a breach, the Tribunal should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as there was no evidence before it that the applicant had been enrolled in a full-time registered course since 10 April 2018. The applicant had provided no information to the delegate or the Tribunal to challenge this finding. In considering the discretion to cancel the visa, the Tribunal had regard to various factors, including the purpose of the visa, the extent of compliance with conditions, potential hardship, the circumstances of the breach, and any mandatory legal consequences. However, the applicant had provided no evidence regarding compelling reasons to remain in Australia, the circumstances of the breach being beyond their control, or any significant hardship that would be caused by cancellation. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.