1708825 (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by an Indian national. The applicant sought to have the cancellation decision reviewed, citing family health issues and financial hardship as reasons for her inability to continue her studies in Australia.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not complied with condition 8202(2) as she was not enrolled in a registered course. This was based on the applicant's admission during the hearing and in her written statement to the Tribunal, which indicated she had not been enrolled since July 2016 and that her Confirmation of Enrolment had been cancelled. Despite acknowledging the applicant's stated reasons for ceasing her studies, including financial difficulties and family matters, the Tribunal noted that she had not sought to defer her enrolment or return to India to address these issues. After considering the applicant's circumstances and relevant departmental guidelines, the Tribunal concluded that the discretion to cancel the visa should be exercised.

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