Kun (Migration)

This matter concerned an appeal by the applicant against the decision to cancel her Student (Temporary) (Class TU) visa, Subclass 500. The applicant's visa was cancelled on the grounds that she had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 by ceasing enrolment in a registered course. The applicant did not respond to the Notice of Intention to Consider Cancellation (NOICC) issued by the Department.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of her visa, specifically subclause (2) which requires the holder to be enrolled in a registered course. 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 Migration Act 1958.

The Tribunal found that the applicant had not been enrolled in a registered course from July 2017 until the date of cancellation in July 2018, thereby breaching condition 8202(2). While the applicant's representative presented arguments regarding the applicant's unique skills, proposed PhD studies, and family financial hardship, the Tribunal gave these submissions limited weight. Crucially, no formal evidence of acceptance into a PhD program was provided, and the applicant's failure to respond to the NOICC and her prolonged period of non-enrolment undermined her claims. The Tribunal affirmed the decision to cancel the applicant's visa.