Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Nguyen, who sought to have the cancellation of his Student (Temporary) (Class TU) (Subclass 500) visa set aside. The visa had been cancelled by the Department of Home Affairs on the grounds that Mr. Nguyen had breached condition 8202 of the Migration Regulations 1994. Mr. Nguyen had been in Australia since 2009, holding a series of student visas and undertaking various courses of study, including foundation courses, a Diploma of Business, a Bachelor of Commerce, and attempts at two Master's degrees.

The central legal issue before the Tribunal was whether Mr. Nguyen had complied with condition 8202 of the Migration Regulations. This condition requires a student visa holder to be enrolled in a full-time registered course, maintain enrolment in a course that leads to a qualification at the same or higher level than the one for which the visa was granted, and to achieve satisfactory course progress and attendance. The cancellation decision was based on the applicant not being enrolled in a registered course between 30 August 2017 and 10 July 2018, and having ceased attending classes for his Master of Professional Accounting course.

The Tribunal found that Mr. Nguyen had indeed breached condition 8202(2) as he was not enrolled in a registered course for the specified period. While acknowledging Mr. Nguyen's long history in Australia, his stated intention to study, and his subsequent enrolment in other courses, the Tribunal concluded that these factors did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel Mr. Nguyen's visa.