NGUYEN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant, a Vietnamese national holding a Student (Temporary) (class TU) Higher Education Sector (Subclass 573) visa, whose visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory course progress and attendance. The applicant's enrolment was discontinued by her education provider, Academies Australia Polytechnic, after she failed to re-enrol following a period of absence due to family bereavement and subsequent personal difficulties.

The Tribunal was required to determine if the applicant had complied with condition 8202 of her visa. This condition, as relevant, required her to be enrolled in a registered course and not to have been certified by her education provider as failing to achieve satisfactory course progress or attendance. The applicant's enrolment was discontinued on 25 July 2017, and she was subsequently issued a Notice of Intention to Consider Cancellation (NOICC) on 17 October 2017.

The Tribunal found that the applicant had breached condition 8202 by not being enrolled in a registered course for a significant period of three months. While acknowledging the applicant's stated reasons for her difficulties, including family bereavement and depression, the Tribunal found that insufficient evidence was provided to support these claims or to warrant exercising discretion against cancellation. The Tribunal concluded that the applicant's desire to continue her studies in Australia did not constitute a compelling need to remain, and that similar study opportunities likely existed in her home country.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, finding that the non-compliance with the enrolment condition carried significant weight in favour of cancellation.