Nguyen (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by Ms. Nguyen. The dispute arose from the Department of Home Affairs' decision to cancel Ms. Nguyen's visa on the grounds that she had not continued to satisfy the primary criteria for the visa, specifically by failing to maintain enrolment in a higher education sector course.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the *Migration Act 1958* (Cth) was established. This involved assessing whether Ms. Nguyen had breached condition 8516 of her visa, which mandates that a visa holder must continue to satisfy the criteria for the grant of their visa. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that Ms. Nguyen had breached condition 8516, as she was not enrolled in a Bachelor's level course for approximately 15 months between July 2017 and November 2018, as evidenced by information from the Provider Registration and International Student Management System (PRISMS). Although Ms. Nguyen experienced significant personal challenges, including a pregnancy, loss of a child, and relationship breakdown, which impacted her studies and led her to pursue a Diploma of Beauty Therapy, the Tribunal concluded that these circumstances did not outweigh the prolonged breach of her visa conditions. The Tribunal determined that the hardship Ms. Nguyen might suffer did not justify retaining the visa.

Consequently, the Tribunal affirmed the decision to cancel Ms. Nguyen's Subclass 573 visa.