Lin (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Lin, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. Mr Lin had been enrolled in a Diploma of Hospitality Management but had not been enrolled in a registered course for approximately ten months. The grounds for cancellation related to Mr Lin's failure to maintain enrolment in a registered course and his failure to notify the Minister of his change of circumstances.

The Tribunal was required to determine whether the Minister's decision to cancel Mr Lin's visa was justified. This involved assessing whether Mr Lin had met the criteria for maintaining his student visa, specifically regarding his enrolment in a registered course and his compliance with visa conditions. The Tribunal also had to consider whether there were any compelling reasons for the Minister to exercise discretion not to cancel the visa, despite the breaches.

In its reasoning, the Tribunal found that Mr Lin had not provided sufficient evidence to support his claims of dissatisfaction with his course provider, financial difficulties, or family illness as reasons for his prolonged non-enrolment. The Tribunal noted inconsistencies in the evidence presented and concluded that Mr Lin had not taken positive steps to remedy his situation by seeking a release letter from his provider or enrolling in a new course in a timely manner. The Tribunal applied the principles of the *Migration Act 1958* (Cth) and the relevant regulations concerning student visa holders' obligations.

The Tribunal affirmed the decision of the Minister to cancel Mr Lin's visa.