Jondi (Migration)

This matter concerned an application to review the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by the applicant. The applicant had been granted the visa in 2016 to undertake a Bachelor of Nursing. The Department of Home Affairs had cancelled the visa on 11 February 2020, and the applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in and maintain satisfactory progress in a registered course of study. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not complied with condition 8202(2) of her visa, as she was not enrolled in a registered course from 19 December 2018 until the date of cancellation. The applicant's study history was marked by failed subjects, inability to enrol in her intended course, and a period of absence from Australia. While the applicant claimed financial difficulties prevented her from re-enrolling, the Tribunal found this explanation unconvincing, particularly given her father's continued employment and the applicant's responsibility to ensure adequate finances. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.