Tamang (Migration)

This matter concerned an appeal by the applicant against the decision to cancel his Subclass 573 Higher Education Sector student visa. The dispute arose because the applicant was not enrolled in a registered course of study, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal was required to consider whether the applicant had complied with condition 8202, which mandates enrolment in a registered course and satisfactory course progress and attendance. The applicant admitted he had not been enrolled in a registered course since 9 October 2017, thereby failing to meet the requirements of condition 8202(2). Having established a breach of a visa condition, the Tribunal then considered whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant's failure to maintain enrolment stemmed from a loss of interest in his chosen tertiary studies, preferring to pursue dancing. Despite having an agent, the applicant acknowledged it was his responsibility to ensure compliance with visa conditions and to inform the Department of his changed circumstances. The Tribunal noted the significant delay between ceasing enrolment and the Notice of Intention to Consider Cancellation, and found that the applicant's circumstances were not exceptional. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.