Chan (Migration)

This matter concerned the review of a decision to cancel the Subclass 500 (Student) visa of the applicant, Ms. Chan. The dispute arose because the applicant had ceased enrolment in a registered course of study. The decision under review was made by the Administrative Appeals Tribunal (AAT), with Member Joseph Lindsay presiding.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of her student visa, specifically condition 8202(2)(a) of Schedule 8 of the Migration Regulations 1994, which requires the holder to be enrolled in a registered course. The Tribunal was also required to consider whether any international obligations, such as non-refoulement or the best interests of children, would be breached by the visa cancellation, and whether any other relevant matters warranted consideration.

The Tribunal found that the applicant had not been enrolled in a registered course since 11 July 2017, and therefore had not complied with condition 8202(2)(a). The Tribunal determined that the circumstances leading to the cancellation of the applicant's course enrolment were not exceptional. Furthermore, the Tribunal concluded that there was no indication that cancelling the visa would breach any international obligations, and that there were no other relevant matters to consider. Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.