Kwon (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the applicant's Student (Temporary) (Class TU) visa. The applicant, a citizen of Korea, had enrolled in various courses in Australia since 2014, but his enrolment was repeatedly cancelled, primarily due to non-payment of fees. The applicant contended that he was unaware of the cancellations, had suffered from significant personal and family illnesses, and had made efforts to re-enrol in new courses.

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. The Tribunal also considered the applicant's claims of hardship and lack of awareness regarding enrolment cancellations.

The Tribunal found that the applicant had not been enrolled in a relevant course for a continuous period of nine months, thereby failing to comply with Condition 8202(2). The Tribunal was not satisfied that the applicant was unaware of the enrolment cancellations, noting extensive communication from his education provider regarding fee payments and the clear process for applying for Recognition of Prior Learning, which he had not followed. While acknowledging the applicant's claimed medical conditions, the Tribunal found no evidence that these prevented him from attending studies or paying fees, especially given his parents' continued financial support. The Tribunal concluded that the grounds for cancellation existed and, considering all circumstances, affirmed the decision to cancel the applicant's visa.