Le (Migration)

The Administrative Appeals Tribunal considered the case of Mr Le, who sought review of the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on Mr Le's failure to comply with a condition of his visa, specifically condition 8202, which requires a student visa holder to be enrolled in a registered course of study. Mr Le had been in Australia for almost six years without completing any courses, attributing his non-enrolment to the impact of COVID-19.

The primary legal issue before the Tribunal was whether the cancellation of Mr Le's visa was justified, given the extensive and largely unexplained period of non-enrolment and the applicant's submission regarding the impact of COVID-19. The Tribunal was required to determine if these circumstances warranted affirming the delegate's decision to cancel the visa.

The Tribunal reasoned that the breach of condition 8202 constituted a fundamental failure to comply with the terms of the student visa. Despite the applicant's explanation concerning COVID-19, the Tribunal found that the period of non-enrolment was extensive and largely unexplained. Consequently, the Tribunal concluded that there was no real alternative but to affirm the decision to cancel the visa. The Tribunal affirmed the decision under review.