Lyu (Migration)

This matter concerned a review of a decision by the Department to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The cancellation was based on the applicant's failure to comply with condition 8202(2)(a) of her visa, which required her to be enrolled in a registered course of study. The applicant had not been enrolled for approximately ten months prior to the cancellation. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine two primary issues: first, whether the ground for cancellation, namely the breach of condition 8202(2)(a) due to non-enrolment, was established; and second, if the ground was established, whether the applicant's visa should be cancelled in the exercise of the Tribunal's discretion. The applicant had provided a letter explaining her circumstances, including a breakdown in her relationship and mental health issues, along with a psychologist's report, in response to a Notice of Intention to Consider Cancellation.

In its reasoning, the Tribunal acknowledged the applicant's explanation for her non-enrolment, noting the personal difficulties she had experienced. However, the Tribunal also considered the applicant's subsequent enrolment in a new course, the Advanced Diploma of Business, which commenced shortly before the hearing. The Tribunal's decision was informed by the applicant's overall enrolment and study history, as well as the circumstances surrounding her non-compliance. The Tribunal ultimately affirmed the delegate's decision to cancel the visa.