Erdenetogtokh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Erdenetogtokh, a visa holder whose Student (Temporary) (Class TU) Subclass 573 visa was cancelled. The cancellation was based on the applicant's failure to be enrolled in a registered course and their non-attendance at a hearing scheduled to discuss the potential cancellation. The applicant's mother had suffered an injury in an accident, which was presented as a reason for the applicant's circumstances.

The primary legal issue before the Tribunal was whether the applicant had demonstrated a genuine interest in completing their studies as required by the visa conditions. The Tribunal was also required to determine if there were compelling reasons to set aside the delegate's decision to cancel the visa, considering the applicant's explanation for their non-compliance and absence.

In its reasoning, the Tribunal found that the applicant had not provided sufficient evidence to establish a genuine interest in completing their studies. The Tribunal noted that the applicant had not been enrolled in a registered course and had failed to attend the hearing to present their case, despite being given notice. While acknowledging the applicant's mother's injury, the Tribunal concluded that this event did not sufficiently explain the applicant's failure to engage with their educational obligations or the Department's process. The Tribunal applied the principles of the *Migration Act 1958* (Cth) and relevant regulations concerning student visa requirements and the grounds for cancellation.

The Tribunal affirmed the delegate's decision to cancel the applicant's visa.