Jung (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 572. The applicant, who held a subclass 572 visa, was found to have breached condition 8202 of the Migration Regulations 1994. The primary basis for the cancellation was that the applicant had not been enrolled in a registered course since May 2016.

The legal issues before the Tribunal were whether the applicant had complied with condition 8202 of the Migration Regulations 1994, and if not, whether the Tribunal should exercise its discretion to cancel the visa. Condition 8202 requires a student visa holder to be enrolled in a registered course, and to achieve satisfactory course progress and attendance, unless specific exceptions apply.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course. The applicant had a history of failed enrolments and cancellations due to unsatisfactory progress, non-commencement, and non-payment of fees. The Tribunal rejected the applicant's contention that he did not receive warnings or notices because he provided an email address that he did not monitor, finding it was his responsibility to check the provided contact details. Considering all circumstances, the Tribunal affirmed the decision to cancel the applicant's visa.