Syed (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 573 Higher Education Sector visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory academic progress and attendance.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in a registered course and whether the Minister’s delegate had correctly found that the applicant had not been enrolled in a registered course since 16 October 2014. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course. The applicant admitted to ceasing attendance at classes in May 2014, not successfully completing their initial ELICOS course, and not attending any classes in the second semester. Furthermore, the applicant had decided to change courses but was refused direct entry and indicated an unwillingness to undertake a required ELICOS course. The Tribunal noted inconsistencies in the applicant's explanations and concluded, based on the applicant's lack of consistent enrolment and attendance since May 2014, that the applicant did not demonstrate a desire to successfully undertake higher education in Australia. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.