YOO (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 500. The core dispute revolved around whether the applicant had breached a condition of their visa, specifically condition 8202 of Schedule 8 to the Migration Regulations 1994, which mandates enrolment in a full-time registered course. The Tribunal was tasked with determining if such a breach had occurred and, if so, whether the decision to cancel the visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of their visa. This condition, as relevant to the applicant, required them to be enrolled in a full-time registered course and to maintain satisfactory course progress and attendance. The Tribunal also considered the discretionary power to cancel a visa under section 116(1) of the Migration Act 1958, following a finding of a breach of a visa condition.

The Tribunal found, based on information from the Department's case file and the delegate's decision, that the applicant had not been enrolled in a registered course since 7 May 2018. The PRISM record indicated that the applicant's previous enrolment in a Diploma of Leadership and Management was cancelled due to non-commencement. As the applicant did not respond to a Notification of Intention to Cancel (NOIC) or provide any further information to the Tribunal, the Tribunal concluded that the applicant had failed to comply with condition 8202(2)(a). In exercising its discretion, the Tribunal noted the lack of any material provided by the applicant and affirmed the decision to cancel the visa.