Zailani (Migration)

This matter concerned an appeal by Mr Zailani against the cancellation of his Student (Temporary) (Class TU) Subclass 572 Vocational Education and Training Sector visa. The applicant had been granted the visa on 3 September 2015, with a cessation date of 6 August 2018. The core of the dispute revolved around the applicant's failure to maintain enrolment in a registered course for a significant period, specifically from 13 January 2017 until he re-enrolled on 13 September 2017, thereby contravening condition 8202(2)(a) of his visa.

The Tribunal was required to determine whether the cancellation of Mr Zailani's visa was justified, considering his explanation for the period of non-enrolment and any other relevant matters, including potential breaches of international obligations. Specifically, the Tribunal had to assess if the circumstances leading to the enrolment lapse were exceptional and whether the applicant held an intention to remain in Australia beyond the visa's expiry date, as suggested by his purchase of a cleaning business franchise.

In its reasoning, the Tribunal placed little weight on the applicant's claims regarding international obligations, noting his stated desire to join the Royal Malaysian Police upon return to Malaysia and his assertion that he had nothing to fear in his home country. The Tribunal found that the applicant's purchase of a five-year cleaning business franchise in July 2017, while not enrolled in a course, and his subsequent re-enrolment, raised questions about his intention to remain in Australia beyond his visa's validity. Despite the applicant's denials, the Tribunal concluded that the evidence, including his agreement to the franchise terms and his explanation for re-enrolling, indicated an intention to stay in Australia longer than permitted. The Tribunal found that the circumstances were not exceptional and affirmed the decision to cancel the visa.