Vo (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically by not being enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations. This condition requires a visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that information from the Provider Registration and International Student Management System (PRISMS) indicated the applicant had not been enrolled in a registered course of study since 31 July 2015, a significant period prior to the delegate's decision on 28 September 2016. As the applicant did not respond to the notice of intention to consider cancellation, the Tribunal concluded that the applicant had not complied with condition 8202(2). Consequently, the ground for cancellation under section 116(1)(b) of the Act arose. Despite not having the opportunity to obtain further information from the applicant regarding the circumstances of non-compliance and her current situation, the Tribunal considered relevant government policy guidelines and affirmed the decision to cancel the applicant's visa.