Tanim (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant, Tanim, sought to have the cancellation decision set aside by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. 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 he had not been enrolled in a registered course of study for a significant period, including a period of over five months prior to the delegate's decision. While the applicant presented reasons for his lack of enrolment, including studying a Diploma of Accounting which he later discovered was not a registered higher education course, and the existence of a relationship with an Australian citizen partner, the Tribunal determined that the purpose of a student visa was to enable study in Australia. Considering the applicant's history of enrolment issues and the purpose of his visa, the Tribunal concluded that the discretion to cancel the visa should be exercised.

The Tribunal affirmed the decision to cancel the applicant's visa.