Chen (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa held by Ms Chen. The dispute arose because Ms Chen had ceased enrolment in a registered course, thereby failing to comply with condition 8202(2)(a) of her visa. The Department of Home Affairs had issued a Notice of Intention to Consider Cancellation, to which Ms Chen responded, detailing significant personal circumstances.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) existed and, if so, whether to exercise its discretion to cancel the visa. The legal issue centred on whether Ms Chen's failure to maintain enrolment constituted a breach of her visa conditions and, if so, whether the mitigating factors she presented warranted a decision not to cancel her visa.

The Tribunal found that the ground for cancellation under s 116(1)(b) was established due to Ms Chen's cessation of enrolment. In considering its discretion, the Tribunal acknowledged Ms Chen's submissions regarding her mental health issues, the pressure from her parents and education agent regarding her course choices, and the impact of the COVID-19 pandemic on her ability to seek and receive timely medical assistance. Despite these circumstances, the Tribunal concluded that, on balance, the visa should be cancelled.

The Tribunal affirmed the decision to cancel Ms Chen's Class TU visa.