Luu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute arose because the applicant had ceased enrolment in a registered course, which the delegate determined constituted a breach of visa condition 8202. The applicant sought review of this cancellation decision.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course as required by subclause 8202(2)(a). 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, on the evidence before it, the applicant was not enrolled in a registered course from 24 September 2016, and only sought re-enrolment after receiving a Notice of Intention to Consider Cancellation. This failure to maintain enrolment constituted a breach of condition 8202(2)(a). In considering the discretion to cancel, the Tribunal acknowledged the applicant's stated intention to study and claims of hardship, including significant investment and parental expectations. However, the Tribunal was not satisfied that these claims, in the absence of corroborating evidence and given the temporary nature of the visa, warranted preventing cancellation. The Tribunal also found the applicant's explanations for the cessation of studies, such as difficulty adjusting and unawareness of enrolment status, unconvincing, particularly the claim of ignorance regarding visa requirements.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that the breach of condition 8202 and the circumstances surrounding it did not provide sufficient grounds to exercise discretion against cancellation.