TARIQ (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute arose because the applicant was not enrolled in a registered course, which constituted a breach of a visa condition. The applicant did not attend a hearing scheduled by the Tribunal to discuss the matter.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires visa holders to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Act.

The Tribunal found that the applicant had not complied with condition 8202(2) as there was no evidence to contradict information from the Provider Registration and International Student Management System (PRISMS) indicating the applicant had not been enrolled in a registered course since 2 April 2015. Although the Tribunal did not have the opportunity to hear from the applicant directly regarding the circumstances of this non-compliance, it considered the available information and government policy guidelines. Ultimately, the Tribunal concluded that the visa should be cancelled.

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