Sundo (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 500 (Student) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a full-time registered course and satisfactory course progress and attendance.

The Tribunal was required to determine if the applicant had complied with condition 8202(2)(a) of the visa, which necessitates being enrolled in a full-time registered course. The applicant's visa was cancelled on the basis that he was not enrolled in such a course. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, given the circumstances presented by the applicant.

The Tribunal found that the applicant had breached condition 8202(2)(a) as evidence from the Provider Registration and International Students Management System (PRISMS) indicated he was not enrolled in a registered course between 8 July 2020 and 26 April 2022. While acknowledging the applicant's submissions regarding financial hardship due to COVID-19, his perceived low help-seeking behaviour, and the actions of his education provider, the Tribunal concluded that these factors did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.