Jiang (Migration)

The applicant, a holder of a Student (Temporary) (Class TU) subclass 500 visa, sought review of the decision to cancel that visa. The cancellation was based on the applicant's alleged breach of condition 8202 of the Migration Regulations 1994, specifically failing to maintain enrolment in a full-time registered course. The matter came before the Tribunal for determination.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(a) of the Migration Regulations 1994 by failing to be enrolled in a full-time registered course. If a breach was established, the Tribunal also had to consider whether to exercise its discretion to cancel the applicant's visa.

The Tribunal found that the applicant had not maintained enrolment in a registered course of study between 23 August 2017 and 16 January 2020. This period of non-enrolment constituted a breach of condition 8202(2)(a). In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's explanation for the non-enrolment, which included financial difficulties stemming from a personal relationship and a desire to continue his studies in Australia. Despite these submissions, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.