Lee (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, specifically condition 8202(2)(a) of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course. The applicant contended that their visa should not be cancelled, citing personal difficulties including mental health issues.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202(2)(a) of their visa. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances. The applicant’s visa was cancelled on the grounds that they were not enrolled in a full-time registered course, having been de-enrolled by Western Sydney University due to non-payment of fees.

The Tribunal found that the applicant had not maintained enrolment in a registered course between 10 September 2018 and 28 February 2020, thereby breaching condition 8202(2)(a). While acknowledging the applicant's submissions regarding mental health challenges, academic pressures, and subsequent engagement with professional support and a new educational plan, the Tribunal concluded that these factors did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.