Nguyen (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The applicant had been granted the visa on 17 July 2016. The dispute arose because the applicant failed to maintain enrolment in a registered course of study from 28 February 2017, thereby contravening condition 8202(2)(a) of their visa. The Administrative Appeals Tribunal was tasked with reviewing the cancellation decision.

The primary legal issue before the Tribunal was whether the cancellation of the applicant's visa would result in a breach of any international obligations, specifically concerning non-refoulement and the best interests of children as a primary consideration. The Tribunal also considered whether there were any other relevant matters that warranted consideration in favour of the applicant.

In its reasoning, the Tribunal placed low weight on the applicant's claims regarding mental health and financial support from family, finding insufficient evidence to support these assertions. When questioned about fears of returning to Vietnam, the applicant stated no fear, though expressed "worries." The Tribunal concluded that there was no indication of a breach of international obligations. Furthermore, when invited to raise any other relevant matters, the applicant expressed gratitude for the opportunity to be heard and for their experiences in Australia, but offered no further substantive points. The Tribunal found that the applicant had indeed failed to comply with condition 8202(2)(a) by not maintaining enrolment in a registered course of study.