Heeroo (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Heeroo, an applicant for a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education). The dispute concerned the cancellation of her visa by the Department of Immigration and Border Protection. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach was found, the Tribunal then had to determine whether to exercise its discretion to cancel the visa, considering the purpose of the visa grant, the extent of compliance, and the degree of hardship that might be caused by cancellation.

The Tribunal found that the applicant had breached condition 8202(2)(a) as she had not been enrolled in a registered course from 15 February 2015 until the cancellation decision on 22 February 2017. While acknowledging the applicant's difficult pregnancy and her child's medical condition, the Tribunal concluded that these circumstances did not sufficiently explain the prolonged period of non-enrolment. The Tribunal weighed the applicant's stated intention to study and her child's potential need for surgery in Australia against the significant period of non-compliance. Ultimately, the Tribunal determined that the degree of hardship that might be caused by cancellation did not outweigh the grounds for cancellation, particularly given the importance of the enrolment condition for a student visa.

The Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal also noted that it had no jurisdiction with respect to the second named applicant.