Khiu (Migration)

This matter concerned an appeal by an applicant whose Student (Temporary) (Class TU) – Subclass 572 Vocational Education and Training Sector visa was cancelled. The applicant sought review of the decision to cancel her visa by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Act.

The Tribunal found that the applicant had breached condition 8202(2)(a) of her visa, as she admitted to not being enrolled in a registered course between 11 May 2018 and 13 March 2019 because she did not like the course. While this ground did not mandate cancellation, the Tribunal exercised its discretion to cancel the visa. In doing so, it considered the applicant's stated purpose of study, her lack of explanation for the prolonged period of non-enrolment, the significance of the breach duration, and the limited hardship she would experience upon return to her home country.

The Tribunal affirmed the decision to cancel the applicant’s visa.