Bian (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Bian, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the ground that Mr Bian was not enrolled in a registered course, a failure to meet a condition of his visa.

The Tribunal was required to determine whether the Minister's decision to cancel Mr Bian's visa was the correct or preferable decision. This involved considering whether Mr Bian had failed to meet a condition of his visa and, if so, whether the discretion to cancel the visa should have been exercised.

The Tribunal found that Mr Bian had indeed failed to meet the condition of enrolment in a registered course. It noted that he had only completed three subjects since his arrival and had provided unconvincing explanations for his prolonged non-enrolment. In light of these findings, the Tribunal concluded that the Minister's decision to cancel the visa was the correct and preferable one.

The Tribunal affirmed the decision under review, meaning Mr Bian's visa cancellation was upheld.