MIN (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of MIN, a holder of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education. The dispute concerned the cancellation of MIN's visa, which was based on a failure to maintain enrolment in a course of study. MIN had sought to remedy this by enrolling in an English for Academic Purposes course, but this course was at capacity.

The Tribunal was required to determine whether the decision to affirm the cancellation of MIN's visa was in accordance with the law. Specifically, the Tribunal had to assess whether MIN had taken the necessary steps to remedy the breach of their visa conditions, and whether the circumstances surrounding the enrolment in the English for Academic Purposes course justified a different outcome.

In its reasoning, the Tribunal applied the principles of the *Migration Act 1958* (Cth) and relevant regulations concerning student visa holders. The Tribunal found that while MIN had attempted to rectify their enrolment status, the fact that the desired course was at capacity meant that MIN had not been able to fulfil the requirement of maintaining enrolment in a registered course. Consequently, the Tribunal concluded that the original decision to cancel the visa was correct. The Tribunal affirmed the decision under review.