Ip Kai Yuen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 572, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to remain enrolled in a registered course.

The Tribunal was required to determine if the applicant had complied with condition 8202(2)(a) of the Migration Regulations 1994, which mandates enrolment in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not been enrolled in a registered course for a significant period, approximately 12 months, from October 2015 until the notice of intention to cancel was issued in September 2016. While the applicant cited medical conditions and a desire to continue studying as reasons for not being enrolled, the Tribunal noted that the primary objective of a student visa holder is to maintain enrolment in a registered course. Despite acknowledging potential hardship if the visa were cancelled, the Tribunal concluded that the prolonged period of non-enrolment constituted a significant failure to comply with visa conditions.

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