Duong (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Duong, who sought review of the delegate's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. Mr Duong had been enrolled in a Diploma of Leadership and Management but had not been enrolled in a registered course for approximately 11 months. His enrolment had been cancelled due to unsatisfactory course progress.

The Tribunal was required to determine whether the delegate had erred in cancelling Mr Duong's visa. Specifically, the Tribunal had to consider whether Mr Duong had failed to meet the conditions of his visa, and if so, whether there were any compelling reasons to set aside the delegate's decision. The Tribunal also had to assess whether Mr Duong had taken adequate steps to remedy his situation.

In its reasoning, the Tribunal noted that Mr Duong had failed to maintain enrolment in a registered course for a significant period, which constituted a failure to meet a condition of his visa. While acknowledging the emotional issues Mr Duong faced, including separation from his family, the Tribunal found that these circumstances did not excuse his prolonged period of non-enrolment. Furthermore, the Tribunal was not satisfied that Mr Duong had taken sufficient steps to remedy his situation, such as seeking appropriate support or actively pursuing re-enrolment. Consequently, the Tribunal affirmed the delegate's decision to cancel Mr Duong's visa.