Gao (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, held by the applicant. The dispute arose because the applicant was not enrolled in a registered course for a significant period, leading to the cancellation of her visa.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically by failing to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa.

The Tribunal found that the applicant had breached condition 8202(2) as she was not enrolled in a registered course for a period exceeding one year and eight months. While the applicant claimed an agent was arranging a transfer and that she was unaware of her enrolment cancellation, the Tribunal held that it was her responsibility to ensure she maintained enrolment. The Tribunal also considered the applicant's discretion to remain in Australia, noting that while she expressed a desire to study, she had not demonstrated a compelling need to do so, nor had she provided specific future plans. Despite acknowledging the applicant's lack of other visa condition breaches, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.