DINH (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 573, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202(2) of the Migration Regulations 1994, which mandates enrolment in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to various factors including compelling and compassionate reasons, hardship, and government policy.

The Tribunal found that the applicant had not complied with condition 8202(2) as she was not enrolled in a registered course between 16 November 2015 and 17 February 2017, a fact she acknowledged. While the applicant presented her pregnancy, childbirth, and the associated stress and stigma as compelling and compassionate reasons for the non-enrolment, the Tribunal noted that her enrolment in an English course had been cancelled earlier due to unsatisfactory attendance. After considering all the circumstances, including the applicant's reasons and government policy, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant’s Class TU visa.