Lau (Migration)

The applicant, Mr Lau, sought review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether Mr Lau had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth), which mandates that a student visa holder must maintain enrolment in a registered course of study. The matter was heard by Christine Kannis.

The primary legal issue before the court was whether the applicant had contravened condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain enrolment in a course that leads to a qualification at the same or a higher level than the one for which the visa was granted. A breach of this condition can lead to the cancellation of the visa under section 116(1) of the Migration Act 1958 (Cth).

The court found that the applicant had breached condition 8202. Despite being granted a Student visa on 30 March 2022, he ceased his studies on 19 May 2022. His Confirmation of Enrolment (CoE) was subsequently cancelled by his education provider on 13 July 2022 due to his failure to recommence studies. The applicant remained in Australia on his Student visa without being enrolled in a course for approximately five months, and then remained in Australia for a further three months and seven days after his enrolment was cancelled, failing to depart within 28 days as required. Furthermore, when questioned by an airline liaison officer on 6 December 2022, the applicant admitted he was not enrolled in a course but wished to return to Australia to pack his belongings.

On balance, and considering the totality of the circumstances, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.