Fang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 572 Vocational Education and Training Sector visa was cancelled. The dispute arose because the applicant was no longer enrolled in a registered course of study, thereby failing to comply with condition 8202 of her visa. The Tribunal was tasked with determining whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal was required to ascertain if the applicant had breached condition 8202(2)(a) of her visa, which mandates enrolment in a registered course. It also had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's submissions and relevant government policy. The applicant had provided reasons for her non-enrolment, including financial difficulties, stress-related health issues, and a desire to change her course of study.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) as she had ceased to be enrolled in a registered course of study from 15 June 2016. While acknowledging the applicant's stated financial and health difficulties, and her intention to study a different course, the Tribunal concluded that, on balance and considering all circumstances, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.