Movono (Migration)

This matter concerned an appeal by a Student visa (Class TU, Subclass 500) holder against the cancellation of her visa. The applicant had failed to maintain enrolment in a full-time registered course, thereby breaching a condition of her visa. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The legal issues before the Tribunal were whether the applicant had failed to comply with visa condition 8202(2)(a) by ceasing to be enrolled in a registered course, and if so, whether the discretion to cancel her visa should be exercised in her favour. The applicant contended that her non-compliance was due to compelling and compassionate circumstances, including the impact of COVID-19 restrictions on her research, lack of academic support from her supervisors, and subsequent mental health challenges, which led to the withdrawal of her scholarship and cancellation of her candidature. She also highlighted her intention to apply for a Skilled visa, her strong professional background, and her potential contribution to the Australian economy.

The Tribunal found that the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was established, as the applicant had ceased to be enrolled in a registered course. While acknowledging the significant impact of visa cancellation, the Tribunal considered the circumstances as a whole, including the applicant's submissions regarding COVID-19, academic difficulties, and personal health issues. Despite these factors, the Tribunal ultimately concluded that the visa should be cancelled.

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