Syed (Migration)

This matter concerned an appeal by the applicant, Mr Syed, against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The cancellation was based on the ground that the applicant had failed to maintain enrolment in a registered course, thereby contravening condition 8202(2) of his visa. The Tribunal was required to consider whether the discretion to cancel the visa should be exercised, having regard to the applicant's circumstances.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2) of his visa, which mandates enrolment in a registered course. If non-compliance was established, the Tribunal then had to determine whether, in the exercise of its discretion, the visa should be cancelled. In considering this discretion, the Tribunal was to have regard to the applicant's stated intentions, his career aspirations, the degree of hardship he might face, and any other relevant matters, including those outlined in the Department's Procedures Advice Manual.

The Tribunal found that the applicant had not complied with condition 8202(2) as he had failed to maintain enrolment for approximately eight months. In considering the discretion to cancel, the Tribunal found the applicant's claims regarding his career plans to be implausible and lacking in compelling evidence. While acknowledging the applicant's desire to study abroad and his completion of a Diploma of Business, the Tribunal was not persuaded that he was a genuine student with a strong motivation to complete a Bachelor's degree, particularly given his ability to work in his family's business. The Tribunal also noted that the applicant's subsequent enrolment occurred after the Notice of Intention to Cancel was issued. Despite some weight being given to the fact that no other visa condition breaches were recorded, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant’s Class TU visa.