Nguyen (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the subclass 500 student visa of Miss Dinh Ngoc Minh Nguyen. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations, specifically by not being enrolled in a registered course of study. The delegate was not satisfied that the grounds for cancellation were outweighed by reasons not to cancel the visa.

The Administrative Appeals Tribunal was required to determine whether the applicant had breached condition 8202 of her visa. If a breach was established, the Tribunal then had to consider whether the visa should be cancelled under section 116 of the Migration Act. Condition 8202, as relevant to this case, mandates that a student visa holder must remain enrolled in a registered course of study.

The applicant conceded that she had breached condition 8202, having withdrawn from her courses on 1 June 2018 and not having been enrolled in any course of study since that date. She stated that her withdrawal was due to a medical condition, but was uncertain whether she had resumed studies after surgery. The Tribunal found, based on the evidence, that the applicant had not maintained enrolment in a course of study since 1 June 2018, thus establishing a breach of condition 8202. In considering whether to cancel the visa, the Tribunal had regard to the applicant's circumstances, including her age, her stated intention to study in Australia, her employment history, and her current inability to work due to visa issues. The Tribunal affirmed the delegate's decision to cancel the visa.