Lacaze (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Lacaze concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The applicant, Ms. Lacaze, had her visa cancelled due to a failure to maintain enrolment in her course of study, specifically by deferring her studies and subsequently enrolling in a lower-level course. The AAT was tasked with reviewing the delegate's decision to affirm this cancellation.

The primary legal issue before the Tribunal was whether the delegate had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations in cancelling Ms. Lacaze's visa. This involved determining whether her actions constituted a failure to maintain enrolment in a manner that justified cancellation, and whether any discretion existed to waive this requirement or to grant a waiver of the visa condition. The Tribunal also had to consider the impact of her medical condition and the education of her children as potential factors in the exercise of any discretion.

The Tribunal found that Ms. Lacaze had not maintained enrolment in her higher education sector course as required by her visa conditions. Her deferral and subsequent enrolment in a lower-level course, particularly after receiving a Notice of Intention to Consider Cancellation (NOICC), demonstrated a failure to meet the fundamental requirements of her visa. While acknowledging the medical condition and concerns for her children's education, the Tribunal concluded that these factors did not provide a sufficient basis to override the clear breach of visa conditions and the delegate's decision to cancel the visa. The Tribunal affirmed the delegate's decision.