Li (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa 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 and to maintain satisfactory course progress and attendance. The applicant had been enrolled in various courses since 2014 but had not successfully completed any since an initial English language program, and it was found that he had not been enrolled in a registered course since October 2018.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. This condition mandates that a student visa holder must be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal reasoned that the applicant had failed to comply with condition 8202(2) by not being enrolled in a registered course, a fact not disputed by the applicant during the hearing. The applicant’s explanation for his lack of enrolment and study progress, including financial difficulties supporting his parents and a claimed inability to recall details of his studies, was found to be implausible by the Tribunal, particularly given his prior engineering degree and the opportunity provided to submit further evidence. In exercising its discretion to cancel the visa, the Tribunal considered the applicant's circumstances, including his stated purpose for study and the lack of satisfactory academic progress, ultimately concluding that the cancellation decision should be affirmed.