1511165 (Migration)

This matter concerned an application to the Tribunal to review a decision to cancel the applicant's student visa. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The applicant's visa was cancelled on the basis that she was not enrolled in a registered course.

The Tribunal was required to determine whether the applicant had complied with condition 8202 of her visa, specifically whether she remained enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's circumstances and relevant government policy guidelines.

The Tribunal found that the applicant had breached condition 8202(2) of her visa because she was not enrolled in a registered course from 1 May 2015, a fact she acknowledged. In considering the exercise of its discretion to cancel the visa, the Tribunal had regard to the applicant's explanations for the breach, including issues with her education provider and her employment. The applicant expressed a desire to continue studying in Australia and indicated that visa cancellation would significantly impact her life, noting family issues in her home country. The Tribunal also considered the applicant's cooperation with departmental officers and the potential consequences of cancellation, such as becoming an unlawful non-citizen.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa.