1702584 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, held by the applicant. The cancellation was based on the applicant's alleged failure to comply with visa condition 8202, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had been enrolled in a registered course of study, as indicated by the PRISMS records which showed a significant period of non-enrolment. The Tribunal also considered the applicant's representative's concession that a ground for cancellation was made out under section 116(1)(b) of the Migration Act 1958 due to non-compliance with condition 8202.

The Tribunal found that the applicant had not been enrolled in a registered course for a substantial period, thus breaching condition 8202(2). While acknowledging the applicant's diverse study history, including successful completion of some vocational courses and a recent admission to a higher education degree, the Tribunal noted that the applicant had not been enrolled in a higher education course for the majority of her time in Australia. Despite accepting that the applicant experienced mental health challenges in 2016 that impacted her studies, the Tribunal concluded that these circumstances did not fully explain her prolonged non-compliance with the requirement to remain enrolled in higher education-level courses.

The Tribunal affirmed the decision to cancel the applicant's visa.