VU (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose because the applicant was no longer enrolled in a registered course of study, which constituted a breach of a visa condition. The Tribunal was tasked with determining whether the ground for cancellation was made out and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issue was whether the applicant had complied with Condition 8202(2)(a) of his visa, which required him to be enrolled in a registered course. The Tribunal also had to consider whether, having found a ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth), it should exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had breached Condition 8202(2)(a) as he had ceased to be enrolled in a registered course on 14 July 2017. This satisfied the ground for cancellation under s 116(1)(b). In considering the exercise of discretion, the Tribunal noted the applicant's explanation for ceasing study, which involved advice from a friend to apply for a Protection visa and a belief that his Student visa would be cancelled if he stopped studying. The Tribunal also noted the applicant's failure to respond to the Notice of Intention to Consider Cancellation and his admission that he was aware he was breaching his visa condition for approximately 16 months. Despite acknowledging the significance of visa cancellation, the Tribunal concluded that, on balance, the circumstances warranted the cancellation of the visa.

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