2103088 (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning the cancellation of a Student (Temporary) (Class TU) visa, Subclass 500. The applicant, who was in a women's refuge due to domestic violence and had a child in Australia, sought a swift resolution to her case to pursue an appeal directly to the Minister for intervention. The Tribunal was asked to determine whether the applicant had breached a condition of her visa and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issue was whether the applicant had complied with 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 Tribunal also considered the exercise of the delegate's discretion to cancel the visa, having regard to various factors outlined in government policy guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) as she was not enrolled in a registered course of study since 13 August 2019. Despite acknowledging the applicant's difficult circumstances, including fleeing domestic violence and her intention to seek ministerial intervention, the Tribunal noted that the applicant did not contest the ground for cancellation and explicitly requested the matter be decided quickly without a hearing to facilitate her appeal to the Minister. Consequently, the Tribunal exercised its discretion to cancel the visa.

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