Weng (Migration)

This matter concerned the review of a decision to cancel the Subclass 500 (Student) visa held by the applicant. The applicant's visa was cancelled on the basis that he had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a full-time registered course. The applicant did not attend the hearing before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa. Condition 8202 requires a student visa holder to be enrolled in a full-time registered course and to maintain that enrolment.

The Tribunal found that the applicant had breached condition 8202(2)(a) because information from the Provider Registration and International Students Management System (PRISMS) indicated he was not enrolled in a registered course from 9 March 2021 to 21 July 2022. The Tribunal noted that the applicant had not responded to the Notice of Intention to Consider Cancellation and had failed to attend the hearing, meaning there was no evidence before the Tribunal regarding any compelling need for the applicant to remain in Australia. The Tribunal concluded that the applicant's failure to engage in the study for which his visa was granted, coupled with the absence of compelling reasons to remain in Australia, weighed in favour of cancellation.

On balance, and considering all the circumstances, the Tribunal affirmed the decision to cancel the applicant's visa.