SUN (Migration)

The Administrative Appeals Tribunal considered the case of SUN (Migration), an applicant for review of a decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute centred on whether the applicant had breached a condition of his visa, leading to its cancellation.

The Tribunal was required to determine if the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal needed to ascertain whether the applicant was enrolled in a registered course, as required by condition 8202(2), and if not, whether the discretion to cancel his visa should be exercised.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course. Evidence from the Provider Registration International Student Management System (PRISMS) indicated that his enrolment in a Master of Business course was cancelled due to non-commencement of studies, and he had been refunded his course fees. The applicant's own evidence regarding his intended studies, the institution he attended, and his activities after his enrolment was cancelled lacked credibility and consistency. Considering these factors, including the applicant's stated lack of desire to attend school and the non-fulfilment of the visa's purpose, the Tribunal concluded that the cancellation of the applicant's visa was appropriate. The Tribunal affirmed the decision to cancel the applicant's visa.