Dang (Migration)

The Administrative Appeals Tribunal considered the case of a Vietnamese national, the applicant, whose Student (Temporary) (Class TU) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994 (Cth) by failing to maintain enrolment in a registered course of study. The applicant had a history of multiple course changes and cancellations, and had ceased enrolment in a registered course for a significant period.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain such enrolment, as well as to achieve satisfactory course progress and attendance. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he had not been enrolled in a registered course from 30 August 2022 to 19 October 2023, a period exceeding 13 months. While the applicant cited mental health issues and a desire to re-enrol, he provided no documentary evidence to support these claims or demonstrate a current intention to study in Australia. The Tribunal weighed the applicant's non-compliance, the significant duration of the breach, and the lack of evidence regarding his compelling need to remain in Australia against his claims of hardship. The Tribunal found the applicant's claims of hardship unpersuasive, particularly given his parents' professional standing.

Ultimately, the Tribunal concluded that the applicant's prolonged failure to maintain enrolment constituted a significant breach of his visa conditions. Considering all the circumstances, the Tribunal affirmed the decision to cancel the applicant's visa.