Tyagi (Migration)

The Administrative Appeals Tribunal considered whether to affirm the decision to cancel the applicant's Subclass 500 (Student) visa. The applicant's visa was cancelled on the grounds that they had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a full-time registered course.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of their visa. This condition requires a student visa holder to be enrolled full-time in a registered course, maintain that enrolment at an appropriate AQF level, and achieve satisfactory course progress and attendance. The Tribunal was required to determine if the applicant's enrolment status, as recorded in the Provider Registration and International Students Management System (PRISMS), constituted a breach of this condition, and if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached condition 8202(2)(a) as their enrolment in a registered course ceased on 3 August 2021, as evidenced by the PRISMS system. This breach did not mandate cancellation under section 116(3) of the Act, allowing the Tribunal to consider its discretion. Despite the applicant's failure to respond to the Notice of Intention to Consider Cancellation or attend the hearing, the Tribunal considered the circumstances, including the applicant's history of multiple course cancellations for reasons such as non-payment of fees and non-commencement of studies. On balance, the Tribunal concluded that the visa should be cancelled.

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