VANGA (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) Higher Education Sector (subclass 573) visa. The visa was cancelled by the Department delegate on the grounds that the applicant had breached condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study for over 12 months.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa, having regard to the applicant's submissions and relevant government policy.

The Tribunal found that the applicant had not been enrolled in a registered course of study for over a year prior to the Notice of Intention to Consider Cancellation. This failure to maintain enrolment constituted a breach of condition 8202(2)(a). In considering the exercise of discretion, the Tribunal noted the applicant's stated reasons for the enrolment lapse, including academic difficulty and family financial issues, and his subsequent desire to complete a Diploma in Management. However, the Tribunal also considered the applicant's understanding of visa conditions and the consequences of non-compliance, including potential hardship, liability for detention, and limitations on future visa applications.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, on the evidence before it, the applicant had not complied with condition 8202(2) and that the cancellation was warranted.