Lu (Migration)

The Administrative Appeals Tribunal considered the case of Lu, an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance.

The Tribunal was required to determine if the applicant had complied with condition 8202 of his visa. Specifically, the Tribunal had to ascertain whether the applicant had been enrolled in a registered course of study and whether he had achieved satisfactory course progress and attendance, as required by the Regulations. If a breach of condition 8202 was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's circumstances and relevant government policy.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Regulations, as he had not been enrolled in a registered course of study from November 2015 until his enrolment in a Bachelor of Business and Commerce degree in January 2017. Furthermore, the Tribunal was not satisfied that the applicant had demonstrated satisfactory academic progression, noting that he had failed all subjects in the Spring 2017 semester and had not checked his results for that period. Despite acknowledging the applicant's personal challenges and his polite demeanour, the Tribunal concluded that the circumstances as a whole did not warrant the exercise of discretion to allow the visa to remain in effect.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Class TU visa.