Lian (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Weichin Lian, who held a Student (Temporary) (Class TU) visa, subclass 573. The dispute concerned the cancellation of Mr. Lian's visa, which was based on his alleged failure to comply with a condition of his visa. The Tribunal was tasked with determining whether Mr. Lian had breached his visa conditions and, if so, whether to affirm the decision to cancel his visa.

The primary legal issue before the Tribunal was whether Mr. Lian had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. Specifically, the cancellation was based on the assertion that Mr. Lian was not enrolled in a registered course. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, even if a breach was found.

The Tribunal found that Mr. Lian had breached condition 8202(2) because he was not enrolled in a registered course. His enrolment in a Bachelor of Business was cancelled on 21 December 2015, and his subsequent studies for an Advanced Diploma of Engineering ceased on 20 June 2016. Despite Mr. Lian's explanation of personal difficulties and his submission of a confirmation of enrolment, the education provider confirmed that he had not been actively enrolled since 20 June 2016. After considering the matters raised by Mr. Lian and relevant government policy, the Tribunal concluded that the circumstances warranted the affirmation of the visa cancellation.