Nguyen (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had been in Australia since 2013 and had previously completed an English language course. The dispute centred on the applicant's enrolment in a registered course, their ability to pay course fees, and their English language proficiency for higher education studies. The decision was made by the Tribunal.

The Tribunal was required to determine whether the applicant had breached condition 8531 of Schedule 8 to the Regulations, which mandates that a visa holder must not remain in Australia after the end of their permitted period of stay. This condition was engaged by the cancellation of the applicant's student visa. Furthermore, the Tribunal had to consider whether to exercise its discretion to cancel the visa, having found a breach of its conditions.

The Tribunal found that the applicant had been unlawful since the cancellation of their student visa on 24 October 2017, thus breaching condition 8531. Despite the applicant's assertion of having completed an English language course in 2014 and being enrolled in various business, management, and hospitality courses, the Tribunal noted that the applicant's English language abilities had reportedly worsened since 2014. This was evidenced by the applicant's difficulty in providing documentation regarding their inability to pay course fees due to their parents' business bankruptcy, citing their English language limitations as the reason for not submitting the documents. The Tribunal considered the applicant's Provider Registration and International Student Management System (PRISMS) record, which broadly reflected the applicant's stated student history and contained no adverse information. The Tribunal also considered the applicant's English language skills in the context of undertaking higher education studies in Australia.