BASSIG (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Bassig, who sought review of a decision to cancel her Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. Ms. Bassig had been enrolled in a registered course but ceased her enrolment and made limited academic progress, leading to her exclusion from the university. She subsequently enrolled in related vocational courses with the intention of returning to her degree program.

The primary legal issue before the Tribunal was whether the delegate's decision to cancel Ms. Bassig's visa was justified under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). Specifically, the Tribunal had to determine if Ms. Bassig had failed to maintain satisfactory course progress or had ceased to be enrolled in a registered course, thereby triggering the grounds for cancellation. The Tribunal also considered whether there were any compelling reasons to set aside the cancellation decision.

In its reasoning, the Tribunal acknowledged that Ms. Bassig had indeed ceased her enrolment in the higher education course and had not met the academic progress requirements. However, it found that her subsequent enrolment in vocational courses was a genuine attempt to continue her studies in Australia and to eventually return to her degree. The Tribunal considered the overall circumstances, including Ms. Bassig's stated intentions and her efforts to re-engage with her studies, and concluded that the delegate's decision to cancel the visa was harsh and unreasonable in the circumstances. The Tribunal found that there were compelling reasons to set aside the cancellation decision.

The Tribunal set aside the delegate's decision and substituted it with a decision to not cancel Ms. Bassig's visa.