Urany (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The applicant, who held a Student visa, was found to have breached condition 8202 of Schedule 8 to the Migration Regulations 1994 by not being enrolled in a registered course. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether to exercise its discretion to affirm the cancellation of the visa.

The central legal issue was whether the applicant had complied with condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course, satisfactory course progress, and satisfactory attendance. The applicant's visa was cancelled on the basis that he was not enrolled in a registered course. The Tribunal considered evidence regarding the applicant's enrolment history, including his own testimony and records from the Provider Registration International Student Management System (PRISMS). Following a finding that the applicant had not been enrolled in a registered course since October 2017, the Tribunal then considered whether to exercise its discretion to cancel the visa, taking into account the applicant's stated purpose for travel, his intention to remain in Australia while his partner completed her studies, and the significant period of non-compliance.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Regulations as he was not enrolled in a registered course. In considering the discretion to cancel the visa, the Tribunal gave little weight to the applicant's stated intention to remain in Australia for a further year to improve his English while his partner finished her studies, noting that he had not been enrolled in any course for over two years and nine months. The Tribunal concluded that the applicant had had sufficient time to enrol in further English courses if that was his genuine intention. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.