LEE (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 572, held by the applicant, Ms. Lee. The dispute arose because Ms. Lee ceased enrolment in her Diploma of Community Services work course and had not been enrolled in a specified course of study since that date, leading to a notice of intention to consider cancellation of her visa.

The Tribunal was required to determine whether the grounds for cancellation were made out under section 116 of the Migration Act 1958 (Cth), specifically whether Ms. Lee had complied with condition 8516 of her visa, which mandated that she continue to satisfy the primary criteria for the grant of her visa. If the grounds for cancellation were established, the Tribunal then had to consider whether, in all the relevant circumstances, including government policy, the visa should be cancelled.

The Tribunal found that Ms. Lee had not complied with condition 8516 because she had ceased enrolment in a registered course and had not provided evidence of enrolment in any other qualifying diploma course since May 2015. While acknowledging the applicant's explanation that her education provider was unable to deliver the course and that she experienced difficulties in re-enrolling, the Tribunal placed significant weight on the prolonged period of non-enrolment in a registered diploma course. Furthermore, Ms. Lee had not demonstrated a compelling need to remain in Australia, nor had she provided evidence that her non-compliance was due to circumstances beyond her control. Her failure to attend the hearing meant the Tribunal was unaware of any hardship that cancellation might cause.

Consequently, the Tribunal affirmed the decision to cancel Ms. Lee's visa, concluding that cancellation was warranted given the circumstances.