Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 573 Higher Education Sector visa was cancelled. The dispute arose because the applicant was not enrolled in a registered course of study, thereby breaching condition 8202 of their visa. The Tribunal was tasked with determining whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was made out and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal was required to assess whether the applicant had complied with visa condition 8202, which mandates enrolment in a registered course. Evidence from the Provider Registration and International Student Management System (PRISMS) indicated that the applicant had not been enrolled in a registered course since their Bachelor of Business enrolment was cancelled on 15 August 2017. This cessation of enrolment constituted a breach of condition 8202(2)(a). The Tribunal then considered the applicant's submissions regarding financial hardship due to family medical emergencies and the subsequent recovery of the family business, as well as the applicant's stated intention to re-enrol.

In its reasoning, the Tribunal found that the applicant had indeed breached condition 8202(2)(a) by ceasing to be enrolled in a registered course. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretionary power. The applicant provided information about his parents' financial difficulties stemming from his sister's accident and subsequent recovery, and his brother's earlier accident. However, the Tribunal noted discrepancies between the dates and durations of the reported accidents and the provided medical certificates, which affected the applicant's credibility. Despite acknowledging the seriousness of visa cancellation, the Tribunal concluded, on balance, that the circumstances warranted the affirmation of the cancellation decision.