CHENG (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 500. The dispute arose after the applicant ceased enrolment in a registered course, leading to the Department of Immigration's decision to cancel her visa, which the applicant sought to have reviewed.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(fa) of the Migration Act 1958 (Cth) were made out. Specifically, the Tribunal had to assess whether the applicant was, or was likely to be, a genuine student, or whether she had engaged, was engaging, or was likely to engage in conduct not contemplated by the visa. The Tribunal also had to consider whether, having found a ground for cancellation, the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had ceased enrolment in a registered course and had not been enrolled between July 2017 and January 2018, which constituted a breach of visa condition 8202(2)(a). Furthermore, the Tribunal was not satisfied that the applicant had a compelling need to remain in Australia, finding her stated intention to study a carer course unconvincing as she had not yet commenced any research into such a course. The Tribunal concluded that the grounds for cancelling the visa outweighed any reasons not to cancel it.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.