HOANG (Migration)

This matter concerned an appeal by the applicant, Ms. Hoang, against the decision of the Minister to cancel her Student (Temporary) (Class TU) – Subclass 573 Higher Education Sector visa. The cancellation was based on the applicant's alleged failure to comply with a condition of her visa, specifically condition 8516, which requires a visa holder to continue to satisfy the criteria for the grant of their visa. The applicant had not been enrolled in a registered course at the Bachelor or Master level, which was the basis for her subclass 573 visa.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether to exercise its discretion to affirm the cancellation. The applicant contended that various personal circumstances, including difficulties with her education provider, financial issues, and family matters, explained her non-compliance. She also provided evidence of her parents' divorce.

The Tribunal found that the ground for cancellation under s.116(1)(b) was established, as the applicant was not enrolled in a course at the required level. In considering the exercise of discretion, the Tribunal acknowledged the applicant's stated reasons for her non-enrolment, such as the closure of her migration agent and financial difficulties. However, the Tribunal noted that the applicant had not sought to change her visa subclass when her enrolment in the principal course was cancelled, and she had not been enrolled in a registered course since May 2017. The Tribunal concluded that the applicant's original purpose for entering Australia was study, and her failure to maintain enrolment in a registered course meant she was not meeting the conditions of her visa.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.