Li (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 500 (Student) 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 maintain satisfactory course progress and attendance. The applicant's visa was cancelled on the basis that he was not enrolled in a registered course.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the applicant's visa, having regard to the circumstances of the case and relevant departmental guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course between May 2017 and January 2018, due to a misunderstanding regarding the payment of course fees. However, in considering the exercise of its discretion to cancel the visa, the Tribunal took into account the applicant's significant personal circumstances. These included a history of depression stemming from his mother's cancer diagnosis and the death of his grandfather, which led to isolation and a lack of engagement with his studies and the college. The Tribunal also noted the applicant's subsequent efforts to seek treatment for his mental health and re-engage with his studies and support networks.

Ultimately, the Tribunal concluded that, in light of the applicant's personal circumstances and his efforts to address his health issues, the decision to cancel his visa should be set aside. The Tribunal substituted a decision not to cancel the applicant's Subclass 500 (Student) visa.