Ding (Migration)

The Administrative Appeals Tribunal considered the case of Mr Ding, a citizen of China, whose Student (Temporary) (Class TU) visa was cancelled. Mr Ding had been in Australia since 2013, initially studying a Diploma of Engineering with the intention of completing a Bachelor of Engineering. His enrolment in the Bachelor course was cancelled by Monash University in March 2018 due to unsatisfactory course progress, a situation that had persisted for approximately 14 months.

The primary legal issue before the Tribunal was whether to affirm the cancellation of Mr Ding's visa. This required the Tribunal to consider the circumstances of the case, including Mr Ding's reasons for his lack of academic progress, his personal difficulties, and any other relevant matters, in exercising its discretion regarding visa cancellation. The Tribunal also had to consider whether any international obligations would be breached by cancellation and the relevance of ties to Australia for a temporary visa holder.

The Tribunal found that Mr Ding had not complied with a condition of his visa by failing to maintain satisfactory course progress and enrolment. While Mr Ding cited personal difficulties, including a relationship breakdown and a lack of interest in engineering in favour of business aspirations, the Tribunal noted the absence of formal medical treatment or diagnosis for any mental health issues. The Tribunal also considered that Mr Ding had returned to China after his enrolment was cancelled and had only recently taken steps towards enrolling in a business course upon his return to Australia. The Tribunal concluded that the circumstances did not engage Australia's international obligations and that ties to Australia were not relevant for a temporary visa. Ultimately, the Tribunal affirmed the decision to cancel Mr Ding's visa.