Cheng (Migration)

The Administrative Appeals Tribunal considered the case of an applicant holding a Student (Temporary) (Class TU) visa, Subclass 500. The dispute arose from the cancellation of the applicant's visa on the grounds that they were not enrolled in a full-time registered course, a breach of condition 8202(2)(a) of the Migration Regulations 1994. The applicant had initially been granted the visa to study a Bachelor of Business at Griffith University, but their enrolment was cancelled by the education provider.

The Tribunal was required to determine whether the applicant had breached condition 8202(2)(a) and, if so, whether to exercise its discretion to cancel the visa. The applicant admitted to not being enrolled in a full-time registered course between June 2018 and August 2019, thus acknowledging a breach of the condition. However, the applicant also provided evidence that this breach was due to significant medical health issues, specifically anxiety and adjustment disorders, which impacted their ability to study.

The Tribunal found that while the applicant had indeed breached condition 8202(2)(a), compelling and compassionate reasons existed for this breach. The applicant had sought and obtained a deferral from their studies due to their medical condition and had subsequently enrolled in and completed a Diploma of Business. Considering the applicant's candid admissions, the medical evidence provided, and the steps taken to rectify the situation by completing a qualification, the Tribunal concluded that the circumstances warranted setting aside the visa cancellation decision. The Tribunal therefore substituted a decision not to cancel the applicant's visa.