Kuah (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (Cth) regarding the cancellation of the applicant's Subclass 500 (Student) visa. The applicant had been granted the visa on 3 August 2019, subject to condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth). The Department of Home Affairs had cancelled the applicant's visa on the grounds that she had failed to comply with condition 8202(2)(a) by not being enrolled in a full-time registered course.

The Tribunal was required to determine whether the applicant had breached condition 8202 of her visa. Specifically, the Tribunal had to consider whether the applicant was enrolled in a full-time registered course as required by condition 8202(2)(a), and if not, whether the discretion to cancel the visa should be exercised. Condition 8202 mandates that a student visa holder must be enrolled in a full-time registered course and maintain that enrolment, unless specific exceptions apply.

The Tribunal found that the applicant was not enrolled in a registered course from 31 March 2021 to 4 February 2022, based on information from the Provider Registration and International Students Management System (PRISMS). This constituted a breach of condition 8202(2)(a). While acknowledging the applicant's explanations regarding difficulties with her education provider during the COVID-19 pandemic, including college closures and communication issues, the Tribunal concluded that these circumstances did not excuse the breach. The Tribunal considered the applicant's submissions, including her reliance on others for information and the potential impact on her family, but ultimately found that the ground for cancellation existed.

After considering the evidence and the applicant's circumstances, the Tribunal exercised its discretion to affirm the decision to cancel the applicant's visa. The Tribunal concluded that, on balance, the visa cancellation was warranted.