YUAN (Migration)

This matter concerned an application for review of the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant's visa was cancelled by the delegate on the basis that the applicant was not enrolled in a registered course, which constituted a breach of Condition 8202 of Schedule 8 to the Migration Regulations 1994. The Administrative Appeals Tribunal was required to determine whether the applicant had complied with Condition 8202 and, if not, whether to affirm the delegate's decision to cancel the visa.

The primary legal issue before the Tribunal was whether the applicant had breached Condition 8202 of the Migration Regulations 1994, specifically subclause (2)(a), which requires the holder of a student visa to be enrolled in a registered course. The Tribunal also considered whether, upon finding a breach, it should exercise its discretion to cancel the visa.

The Tribunal considered information from the Provider Registration and International Student Management System (PRISMS) which indicated that the applicant had not been enrolled in a registered course since 23 January 2016. While the applicant had provided documentation suggesting enrolment in an English course and a diploma course, the delegate found these to be inconsistent with independent departmental information. The applicant failed to attend a scheduled hearing before the Tribunal and did not provide any further information to contradict the delegate's findings. Consequently, the Tribunal found that the applicant had not complied with Condition 8202(2) and that the ground for cancellation under section 116(1)(b) of the Act arose. After considering the circumstances and relevant policy guidelines, the Tribunal affirmed the decision to cancel the applicant's visa.