Visa cancellation

Mohammad Ali has been in Australia since February 2013. He was granted a Class TU subclass 573 Higher Education Sector visa as he intended to study in a Bachelor of Business course with the University of Wollongong, New South Wales. He completed an English for Academic Purposes
course, then enrolled in a Diploma of Business. He then completed his Diploma course at the end of Semester 1 in May 2015 and was waiting to start his Bachelor of Business course in Semester 2. Last week Mohammad received a letter from the Department of Immigration and Border Protection (‘DIBP’) advising that his Class TU subclass 573 visa might be cancelled because he has not complied with condition 8202 as he is not enrolled in a registered course.
The letter from the University confirming his enrolment into the Diploma stated that it was a
prerequisite for enrolling in a Bachelor of Business course. This led him to believe, mistakenly, that he would be automatically enrolled in the Bachelor degree when he completed the Diploma.
After receiving the letter from DIBP, Mohammad contacted student administration and learned that he actually had to enroll himself in the Bachelor of Business course via the University’s enrolment system. Apparently the University tried to contact him about this through his university email account. However, he failed to check this email account and missed the enrolment due date.

Answer the following questions. You should refer to relevant legislative provisions in support ofyour answers.

a) What cancellation power do you think DIBP is most likely relying on in order to cancel
Mohammad’s visa given the facts in this scenario? Outline your reasons for your answer.

b) What process must DIBP follow in order to comply with the legislative requirements for thecancellation power you have identified in a) above?

c) In what circumstances could Mohammad’s visa be cancelled without prior notice?

d) What process must be followed if Mohammad’s visa were to be cancelled without prior
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