Liu (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of Ms Liu's Student (Temporary) (Class TU) visa, subclass 500. Ms Liu had enrolled in a registered higher education course but subsequently ceased that enrolment. She then changed to vocational courses, with her education provider initially recommending these vocational courses. However, a voice recording indicated that incorrect advice had been given regarding these vocational courses. Ms Liu later re-enrolled in a degree course, but faced financial hardship.

The AAT was required to determine whether the decision to cancel Ms Liu's visa should be set aside. This involved considering whether there were compelling reasons for the AAT to exercise its discretion to set aside the cancellation, particularly in light of the circumstances surrounding her change of course and subsequent financial difficulties.

The Tribunal found that the incorrect advice provided by the education provider, as evidenced by the voice recording, was a significant factor. Coupled with Ms Liu's subsequent re-enrolment in a degree course and the demonstrable financial hardship she experienced, the AAT concluded that there were compelling reasons to set aside the cancellation decision. The Tribunal applied the principles of administrative review, focusing on the merits of the case and the overall circumstances of the applicant.

The AAT set aside the decision under review.