Le (Migration)

This matter concerned an application by Le (the applicant) to review the decision to cancel her Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant had been granted the visa on 14 January 2014. The dispute arose because the applicant had not been enrolled in a registered course of study since 4 March 2016, thereby failing to comply with condition 8202(2)(a) of the Migration Regulations 1994. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the decision to cancel the applicant's visa should be affirmed.

The primary legal issue before the Tribunal was whether the circumstances that led to the applicant's failure to maintain enrolment constituted exceptional circumstances that would warrant the exercise of discretion to set aside the cancellation decision. The applicant had presented reasons including her mother's health issues, financial difficulties, and a relationship breakdown. The Tribunal also considered whether the cancellation would breach any international obligations, such as non-refoulement or the best interests of children, although the provided text indicates no such breach was identified.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) of the Migration Regulations 1994, as she had not been enrolled in a registered course of study since March 2016. The Tribunal assessed the circumstances presented by the applicant, including her mother's health, financial situation, and relationship breakdown, and concluded that these did not amount to exceptional circumstances justifying the setting aside of the cancellation. The Tribunal placed low weight on these factors in favour of the applicant and found no other relevant matters. Consequently, the Tribunal concluded that the visa cancellation should be affirmed.