Chhinal (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, was cancelled. The dispute centred on whether the applicant had breached a condition of her visa, leading to the cancellation decision by the Minister's delegate.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had remained enrolled in a registered course, achieved satisfactory course progress, and maintained satisfactory course attendance, as required by the condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) because she was not enrolled in a registered course for a significant period, from 11 June 2016 until her enrolment in a new course on 8 February 2017, after receiving a Notice of Intention to Consider Cancellation. The applicant's explanations for her lack of enrolment, including difficulties with tuition fees, failing subjects, and issues with course progress and an IELTS requirement, were considered. However, the Tribunal concluded that these circumstances did not negate the finding of a breach of the enrolment condition.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, finding that the circumstances as a whole warranted this outcome.