Syed (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The visa was cancelled on the grounds that the applicant had breached condition 8202 of the Migration Regulations 1994. The applicant had enrolled in multiple vocational courses and completed studies in an unregistered course, leading to the cancellation. The decision was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The Tribunal was also required to consider whether, having found a breach of condition 8202, it should exercise its discretion to cancel the visa, taking into account various factors outlined in government policy guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course between 26 March 2015 and 17 May 2016. The applicant acknowledged this period of non-enrolment in a registered course. Despite the applicant's detailed explanation of numerous difficulties encountered with various educational providers, including college closures and alleged misleading practices, the Tribunal concluded that these circumstances did not negate the fact that the applicant had failed to meet the regulatory requirement of being enrolled in a registered course. After considering the applicant's submissions and relevant policy guidelines, the Tribunal ultimately affirmed the decision to cancel the visa.