Li (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Li, who sought review of the Minister's decision to cancel her Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The cancellation was based on Li's alleged failure to maintain enrolment in a registered course, a condition of her visa.

The primary legal issue before the Tribunal was whether Li had breached the conditions of her visa by failing to be enrolled in a registered course. This involved determining whether there was sufficient evidence to establish that Li had not been enrolled, or alternatively, if she had been enrolled, whether she had failed to maintain that enrolment. The Tribunal also considered whether Li had been afforded a reasonable opportunity to remedy any such breach.

In its reasoning, the Tribunal noted that the onus was on the Minister to establish the grounds for cancellation. The evidence presented by the Minister indicated a lack of confirmation of Li's enrolment in a registered course and no evidence of her acceptance of such enrolment. The Tribunal found that the provided documentation did not satisfy the requirements for establishing a breach of the visa conditions. Consequently, the Tribunal concluded that the Minister had not discharged the onus of proof required for the cancellation decision.

The Tribunal set aside the decision under review and substituted a new decision that the visa cancellation be remitted to the Minister for reconsideration.