HUANG (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Student (Subclass 573) visa of the applicant, Ms. Huang. The cancellation was based on the alleged failure to maintain enrolment in a registered course, a breach of condition 8202 of the Migration Regulations 1994. The applicant sought to have this cancellation decision set aside.

The Tribunal was required to determine whether Ms. Huang had breached condition 8202 of her visa, specifically whether she was enrolled in a registered course as mandated by the condition. Condition 8202 requires visa holders to be enrolled in a registered course and to maintain satisfactory course progress and attendance, unless certified otherwise by their education provider. The cancellation was predicated on the assertion that the applicant was not enrolled in a registered course.

The Tribunal found that the applicant had not failed to comply with condition 8202. Evidence presented included a "Proof of Current Enrolment" from Monash College for the Monash University Foundation Year – Extended course, and a confirmation of enrolment for a Bachelor of International Business. While there was an email from Monash University noting that electronic confirmations were delayed due to unsigned International Student Course Agreements, this did not negate the fact of enrolment. The Tribunal also considered evidence of satisfactory attendance and payment of fees, indicating the applicant's engagement with her studies. As the applicant had not breached the condition, the ground for cancellation under s.116(1)(b) of the Migration Act 1958 did not arise.

Consequently, the Tribunal set aside the delegate's decision to cancel Ms. Huang's visa and substituted a decision not to cancel her Subclass 573 Higher Education Sector visa.