LEE (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. The applicant's visa was cancelled on the basis that records indicated she had not been enrolled in a registered course since November 2014, constituting a breach of condition 8202(2).

The Tribunal was required to determine if the applicant had indeed breached condition 8202(2) of the Migration Regulations 1994 and, if so, whether to exercise its discretion to cancel the visa. Condition 8202(2) mandates that a student visa holder must be enrolled in a registered course. The Tribunal also had to consider the applicant's submissions regarding why the visa should not be cancelled, including personal circumstances such as financial hardship and health issues, and weigh these against government policy guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) as she was not enrolled in a registered course. Despite the applicant's explanations for her non-enrolment, including a lack of awareness and personal difficulties, the Tribunal was not satisfied that these circumstances warranted overriding the breach. The Tribunal noted that the applicant had not sought to defer her studies or arrange to return to her studies when able, which might have been a more appropriate course of action. After considering all relevant matters, including the purpose of the visa, the applicant's compliance with visa conditions, potential hardship, and the circumstances of the breach, the Tribunal affirmed the decision to cancel the applicant's visa.