Liu (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 573 Higher Education Sector visa held by the applicant, Mr. Liu. The dispute arose because the Department of Immigration and Border Protection had cancelled Mr. Liu's visa on the grounds that he was not enrolled in a registered course of study as required by condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr. Liu had breached condition 8202 of the Migration Regulations 1994, specifically whether he had remained enrolled in a registered course of study. If a breach was found, the Tribunal would then consider whether to uphold the cancellation decision. Condition 8202 mandates that a student visa holder must be enrolled in a registered course and achieve satisfactory course progress and attendance, unless specific exceptions apply.

The Tribunal reasoned that while the information available to the delegate indicated Mr. Liu was not enrolled as at 27 February 2015, the evidence presented to the Tribunal demonstrated otherwise. A Confirmation of Enrolment from the University of Technology Sydney showed Mr. Liu was enrolled in a Bachelor of Science in Information Technology from 23 February 2015. This document, along with evidence of tuition fee payments and the eventual completion of the degree, satisfied the Tribunal that Mr. Liu had been enrolled in a registered course since that date, despite the initial discrepancy in the Provider Registration International Student Management System (PRISMS). The Tribunal noted that the Confirmation of Enrolment was backdated to reflect his enrolment from autumn 2015, and that he had paid substantial fees for the course.

Consequently, the Tribunal set aside the decision to cancel Mr. Liu's visa and substituted it with a decision that the visa not be cancelled. However, the Tribunal cautioned Mr. Liu that he risked future cancellation if his current enrolment situation was not rectified.