Lee (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Lee, a holder of a Student (Class TU) visa (Subclass 500). The dispute arose from the Department of Home Affairs' intention to cancel Ms. Lee's visa due to her failure to comply with visa condition 8202(2)(a), which requires a student visa holder to be enrolled in a full-time registered course. Ms. Lee had ceased to be enrolled in a registered course from 6 August 2020.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 existed, and if so, whether to exercise its discretion to cancel the visa. The applicant had provided extensive information in response to the Notice of Intention to Consider Cancellation (NOICC), detailing significant personal circumstances that impacted her ability to maintain enrolment. These included ongoing mental health issues, the death of her father, and the disruptions caused by COVID-19 restrictions.

In its reasoning, the Tribunal acknowledged the seriousness of visa cancellation but ultimately affirmed the decision to cancel Ms. Lee's visa. While recognising the applicant's challenging circumstances, including her history of depression, anxiety, and the impact of her father's death and subsequent COVID-19 related isolation, the Tribunal found that the ground for cancellation was established. Despite the applicant's stated intention to return to study and her claims of improved health and ambition, the Tribunal concluded, on balance, that the visa should be cancelled.