Le (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, subclass 57 Higher Education Sector. The applicant had been enrolled in a registered course but experienced a period of non-enrolment, which was linked to the death of a family member who had provided financial support. The applicant subsequently received a letter of offer from an educational institution after being issued a Notice of Intention to Cancel (NOICC) by the Department.

The Tribunal was required to determine whether the cancellation of the applicant's visa was appropriate, considering the circumstances including the death of a family member, the period of non-enrolment, the applicant's receipt of a new letter of offer after the NOICC, and any potential breach of international obligations, such as non-refoulement or the best interests of children. The Tribunal also considered whether there were any other relevant matters that weighed against cancellation.

The Tribunal gave no weight to the applicant's submissions regarding international obligations, stating it was unaware of any such obligations that would be breached by the cancellation. While acknowledging the applicant obtained a letter of offer after receiving the NOICC and accepting that this action was a result of the Department's notice, the Tribunal found no evidence that the applicant could not complete her studies outside Australia. Consequently, the Tribunal concluded that despite potential hardship, the visa cancellation was justified when considering all circumstances.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.