Dang (Migration)

This matter concerned an appeal by the applicant, Ms. Dang, against the cancellation of her Student Temporary (Class TU) visa. The applicant had been granted the visa to undertake studies in Australia. The Department of Home Affairs had cancelled her visa on the grounds that she had failed to comply with condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a full-time registered course. The Administrative Appeals Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether to exercise its discretion to affirm the cancellation of her visa.

The Tribunal first considered whether the applicant had breached condition 8202. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain that enrolment, as well as to achieve satisfactory course progress and attendance. The evidence before the Tribunal indicated that the applicant had not been enrolled in a full-time registered course from 22 March 2021, thereby breaching condition 8202(2)(a). The Tribunal then turned to consider the exercise of its discretion regarding the cancellation of the visa, having found that the ground for cancellation existed.

In considering the discretion, the Tribunal had regard to the applicant's explanation for her study difficulties. She cited overwhelming academic pressure, the impact of COVID-19 on her part-time employment, and significant physical and mental health issues, including depression and a diagnosis of hepatitis B. She detailed her efforts to seek medical and psychological treatment and her intention to re-enrol in studies. Despite acknowledging the seriousness of visa cancellation and the applicant's stated efforts to address her circumstances, the Tribunal ultimately concluded that, on balance, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s visa.