McGarrity (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of McGarrity, a student visa holder whose visa was cancelled. The dispute concerned whether the applicant had breached a condition of her visa by failing to maintain enrolment in a registered course of study and whether the cancellation of her visa was appropriate. The applicant had arrived in Australia on a working holiday visa in 2014, later obtaining a student visa in December 2016. She commenced a Diploma of Business but ceased attending classes in mid-2017 due to dissatisfaction with the institution. Her confirmation of enrolment was cancelled by the institution on 17 September 2017.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2) of her student visa, which requires a visa holder to be enrolled in a registered course of study. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa. The applicant contended that her failure to maintain enrolment was due to a negative experience at her educational institution and that she intended to resume studies. She also presented personal circumstances, including pregnancy and childbirth, and her financial support arrangements.

The Tribunal found that the applicant was not enrolled in a registered course of study from 17 September 2017 to 18 September 2018, constituting a continuous breach of condition 8202(2) for approximately 12 months. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's evidence, including her reasons for ceasing study, her subsequent employment, her pregnancy and childbirth, her intention to study childcare if her visa were not cancelled, and her financial support. The Tribunal also considered relevant departmental procedures.

The Tribunal affirmed the decision to cancel the applicant's visa.