GC (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant had ceased enrolment in a registered course, which constituted a ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth). The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered the applicant's explanation for ceasing enrolment, which included severe mental health issues stemming from childhood trauma, family bereavements, and relationship breakdowns. The applicant detailed a history of domestic violence, the sudden death of her father on her birthday, and the subsequent death of her partner, Sushant, due to an accidental drug overdose. These events led to profound depression, anxiety, suicidal ideation, and an inability to engage with her studies or daily life for extended periods, resulting in the cancellation of her Confirmation of Enrolment (CoE). Despite these significant personal challenges, the applicant expressed a strong desire to continue her studies and pursue her dream of becoming a chef, having obtained a new CoE for a Certificate IV in Kitchen Management and a Diploma in Hospitality Management.

The Tribunal acknowledged the gravity of visa cancellation but, after weighing all the circumstances, concluded that the visa should be cancelled. While recognising the applicant's difficult personal circumstances and her stated commitment to future studies, the Tribunal ultimately affirmed the decision to cancel the applicant's visa.