NGUYEN (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Nguyen, a Vietnamese national who held a Student (Temporary) (Class TU) visa, subclass 500. The Department of Home Affairs had cancelled Mr. Nguyen's visa because he was not enrolled in a registered course of study. Mr. Nguyen sought review of this decision by the AAT.

The primary legal issue before the Tribunal was whether the cancellation of Mr. Nguyen's visa was justified under the Migration Act 1958 (Cth). Specifically, the Tribunal had to determine if there were compelling reasons for Mr. Nguyen's failure to maintain enrolment in a registered course and whether these reasons, in conjunction with other factors, warranted setting aside the cancellation decision.

The Tribunal acknowledged that Mr. Nguyen's failure to maintain enrolment was due to significant personal difficulties, including stress associated with a new environment, a language barrier, and his father's ill health. It also took into account that Mr. Nguyen had since received psychological treatment, married an Australian citizen, and had returned to study. Considering these circumstances, the Tribunal found that the cancellation of the visa was not in the best interests of Mr. Nguyen and that there were compelling reasons to set aside the decision. The Tribunal therefore set aside the decision to cancel Mr. Nguyen's visa.