ZANZARI (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) Subclass 572 Vocational Education and Training Sector visa. The primary ground for cancellation was the applicant's failure to remain enrolled in a registered course of study, thereby contravening condition 8202(2)(a) of the Migration Regulations 1994. The applicant had not been enrolled in a registered course since 21 November 2016.

The Tribunal was required to determine whether the cancellation decision should be affirmed. This involved considering whether any international obligations, such as non-refoulement or the best interests of children, would be breached by the cancellation. Additionally, the Tribunal had to assess whether there were any other relevant matters, including the applicant's stated intention to enrol in a fitness course, that warranted a different outcome.

In its reasoning, the Tribunal placed low weight on the applicant's claims regarding potential breaches of international obligations, noting that the applicant expressed no fear of returning to Malaysia and instead highlighted a desire for better education and financial support for his mother in Australia. The Tribunal also found no genuine intent or documented steps taken by the applicant to enrol in a fitness course, concluding that the circumstances leading to the course enrolment cancellation were not exceptional. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.