NGUYEN (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Nguyen, who sought review of a decision by the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, subclass 572. The visa was for vocational education and training. The Minister's decision was based on the applicant not being a genuine student and the absence of compelling reasons for the Minister to exercise discretion in his favour.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel Mr. Nguyen's visa was justified. This required the Tribunal to determine if Mr. Nguyen was a genuine student at the time of the cancellation and, if not, whether there were compelling reasons to set aside the cancellation decision.

In reaching its decision, the Tribunal noted that the onus was on Mr. Nguyen to demonstrate that he was a genuine student and that there were compelling reasons for the cancellation decision to be set aside. The Tribunal found that there was no evidence presented by Mr. Nguyen to satisfy the Tribunal that he was a genuine student. Consequently, the Tribunal concluded that the Minister's decision to cancel the visa was correct and affirmed the delegate's decision.