Bui (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by Ms. Bui. The dispute arose from the Minister's decision to cancel Ms. Bui's visa on the grounds that she had failed to continue satisfying the primary criteria for the visa, specifically by not maintaining enrolment in a higher education sector course.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established. This involved assessing whether Ms. Bui had complied with condition 8516 of her visa, which mandates the continued satisfaction of the primary or secondary criteria for the visa's grant. Specifically, the Tribunal had to consider whether Ms. Bui had maintained her enrolment in a principal course of study with an eligible education provider, as required by the criteria for her Subclass 573 visa.

The Tribunal reasoned that Ms. Bui had not complied with condition 8516 because records indicated she was no longer enrolled in a bachelor's or master's degree course, nor in a principal course of study as defined for her visa subclass. Consequently, the ground for cancellation was established. The Tribunal then considered whether to exercise its discretion to cancel the visa. It noted Ms. Bui's intention to remain in Australia to study and improve her employment prospects, but found that she had not completed any courses since 2017. While acknowledging her pending Partner visa application and her marriage in Australia, the Tribunal found these factors did not constitute a compelling need to remain in Australia, particularly given the significant period of non-compliance with her visa conditions.

The Tribunal affirmed the decision to cancel Ms. Bui's visa.