Doan (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa held by the applicant, Ms. Doan. The dispute arose because the applicant had ceased enrolment in a registered course of study, leading to the cancellation of her visa by the Department of Home Affairs. The Tribunal was tasked with determining whether the applicant had breached a condition of her visa and, if so, whether the decision to cancel her visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to assess if the applicant had maintained enrolment in a full-time registered course of study, as required by subclause 8202(2)(a). The applicant's visa was cancelled on the basis that she was not enrolled in a full-time registered course for a significant period.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as she was not enrolled in a full-time registered course for an extended period. While acknowledging the applicant's stated difficulties, including caring for a newborn child and financial constraints, the Tribunal concluded that these circumstances did not absolve her of the responsibility to maintain her enrolment. The Tribunal noted that the applicant had a history of changing courses and had not completed any significant academic qualifications during her time in Australia. Furthermore, her return to Vietnam with her daughter was seen as consistent with an intention not to study in Australia. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.