Ho (Migration)

The Administrative Appeals Tribunal considered the case of Mr Ho, who sought review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on Mr Ho's breach of visa condition 8202, which requires a student visa holder to maintain enrolment in a registered course. Mr Ho had experienced an extensive period of non-enrolment, which he attributed to financial difficulties stemming from the impact of COVID-19 on his mother's business.

The Tribunal was required to determine whether the delegate's decision to cancel Mr Ho's visa was correct. This involved assessing whether Mr Ho had indeed breached condition 8202 and, if so, whether there were any grounds to set aside the cancellation decision. The Tribunal also had to consider the applicant's submission that he had provided misleading information to the Department, which was a factor in the delegate's decision.

In its reasoning, the Tribunal found that Mr Ho had not been enrolled for a total period of two years, which constituted a breach of condition 8202. The Tribunal also noted that Mr Ho had deliberately provided misleading information to the Department. Applying these findings, the Tribunal concluded that the delegate's decision to cancel the visa was correct.

Consequently, the Tribunal affirmed the delegate's decision.