Ng (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 573, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision.

The Tribunal was required to determine if the applicant had complied with Condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in a registered course, had achieved satisfactory course progress, and had maintained satisfactory course attendance, as stipulated by the condition.

The Tribunal found that the applicant had not complied with Condition 8202(2) because they were not enrolled in a registered course at the time of the visa cancellation. Despite the applicant's explanations regarding family illness, anxiety, and difficulties with studies and classmates, the Tribunal concluded that these circumstances did not negate the breach. After considering the applicant's submissions and relevant departmental guidelines, the Tribunal exercised its discretion and affirmed the decision to cancel the applicant's visa.