Chen (Migration)

This matter concerned an application by Ms Chen for review of a decision by a delegate of the Minister for Home Affairs to cancel her subclass 500 Student visa. The cancellation was based on the applicant's alleged failure to maintain enrolment in a registered course at the same or a higher level than the course for which her visa was granted, pursuant to section 116(1)(b) of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 of the *Migration Regulations 1994* (Cth) by ceasing enrolment in a Bachelor of Hospitality Management (AQF Level 7) and enrolling in a Certificate IV in Accounting and Bookkeeping (AQF Level 4). If a breach was established, the Tribunal also had to consider whether the visa should be cancelled.

The Tribunal noted that the applicant acknowledged enrolling in the lower-level course and understood this constituted a breach of her visa conditions. However, the applicant provided extensive evidence explaining the circumstances leading to this change. The Tribunal ultimately concluded that the decision to cancel the applicant's visa should be set aside.