Kiprop (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the Class TU (Student Temporary) visa of the applicant, Ms. Kiprop. The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course.

The Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether the discretion to cancel her visa should be exercised. Specifically, the Tribunal needed to assess if the applicant was enrolled in a full-time registered course and had maintained satisfactory course progress and attendance, as stipulated by the Regulations.

The Tribunal found that the applicant had indeed breached condition 8202, as she had been enrolled in several courses that were subsequently cancelled due to non-payment of fees and non-commencement. The applicant conceded this breach. In exercising its discretion, the Tribunal considered the applicant's financial circumstances, her attempts to secure funding, and the purpose of her stay in Australia. Despite an offer of financial assistance from her employer and her intention to study nursing, the Tribunal noted a history of cancelled enrolments since June 2017 due to financial difficulties. The Tribunal concluded that, on balance, the factors favouring the cancellation of the visa outweighed those against it.

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