Luu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory academic progress. The applicant contended that she had not breached the condition, while the delegate of the Minister had decided to cancel her visa on the grounds of non-compliance.

The Tribunal was required to determine if the applicant had complied with condition 8202 of her visa. Specifically, the court had to ascertain whether the applicant had maintained enrolment in a registered course and whether she had achieved satisfactory academic progress as certified by her education provider. If a breach of condition 8202 was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Migration Regulations 1994 because she was not enrolled in a registered course from 28 June 2016 until the date of cancellation, 10 February 2017. This finding was based on evidence from the Provider Registration and International Student Management System (PRISMS) and the applicant's own concession during the hearing. Having established a breach, the Tribunal considered the applicant's submissions regarding her personal circumstances, including family history, difficulties with previous educational institutions, her employment, and her desire to complete her studies. Despite these mitigating factors, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa. The Tribunal affirmed the decision to cancel the applicant's visa.