YE (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The cancellation was based on the applicant's alleged failure to comply with visa condition 8202, 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 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not been enrolled in a registered course from 22 July 2015 to 8 September 2016, a period of 14 months, thereby breaching condition 8202(2). In considering its discretion to cancel the visa, the Tribunal noted the applicant's lack of response to the notice of intention to cancel and the absence of any compelling reasons for him to remain in Australia. Furthermore, the Tribunal observed that the applicant had only completed one short course since his arrival and had subsequently enrolled in a Certificate IV in Business after receiving the notice of intention to cancel, which was at a significantly lower academic level than his original Master of Business Administration course. This subsequent enrolment was given little weight, and the Tribunal also noted a potential breach of condition 8516, which requires a visa holder to continue to satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision to cancel the applicant's visa, concluding that the circumstances weighed in favour of cancellation.