1926087 (Migration)

This matter concerned an appeal by a student visa holder against the cancellation of their visa. The applicant disputed the cancellation, arguing that they had not breached the conditions of their visa. The Tribunal was required to determine whether the applicant had complied with condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory course progress and attendance.

The Tribunal considered whether the applicant had breached condition 8202(2) by not being enrolled in a registered course. While the applicant's enrolment details were initially difficult to locate due to a variation in their recorded name, it was established that their enrolment in a Diploma 2 course was cancelled on 21 November 2016. The applicant subsequently re-enrolled in a different course, a Diploma 5, on 6 February 2017, resulting in a gap of 2 months and 16 days during which they were not enrolled in a registered course. The Tribunal applied the principle that the enrolment requirement under condition 8202 is a continuing one, citing *Liu v MIMIA* [2003] FCA 1170 and *Liew v MIBP* [2016] FCA 172, and concluded that this temporary gap constituted a breach of the condition.

Having found a breach of condition 8202(2), the Tribunal then considered the discretion to cancel the visa. The Tribunal had regard to the applicant's lengthy stay in Australia, which commenced in September 2011, and their limited academic progress. While the applicant expressed a desire to complete a bachelor's degree to honour their late mother and satisfy parental expectations, the Tribunal was not satisfied that these constituted a compelling need to remain in Australia, particularly given the applicant's failure to demonstrate significant academic progress over an extended period. The Tribunal affirmed the decision to cancel the applicant's visa.