Liu (Migration)

This matter concerned an appeal by the applicant, a holder of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, against the cancellation of her visa. The applicant had been enrolled in a Bachelor of IT course at Macquarie University but failed to re-enrol at the beginning of 2016, remaining unenrolled for a period of nine months. The visa was cancelled on the basis that the applicant had breached condition 8202 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances of the case.

The Tribunal found that the applicant had not complied with condition 8202(2) as she was not enrolled in a registered course for a period of nine months. In considering the exercise of discretion to cancel the visa, the Tribunal noted the applicant's original purpose of study in Australia, her stated desire to maximise her talents in maths and computing, and her accumulated debt. However, the Tribunal also considered that the applicant had prior employment and was expected to return to it with enhanced qualifications, and that while she preferred to study in Australia, this did not constitute a compelling need to remain. The Tribunal acknowledged that cancellation would cause some hardship, including financial and psychological, but concluded that the fundamental breach of visa conditions weighed against the applicant.

The Tribunal affirmed the decision to cancel the applicant's visa.