Nguyen (Migration)

This matter concerned the review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the cancellation of the applicant's Subclass 573 (Student) visa. The applicant had been enrolled in a registered Higher Education course but ceased her enrolment. The Tribunal had invited the applicant to provide written information regarding her enrolment status between 12 September 2016 and 17 October 2017, with a deadline of 6 February 2019.

The legal issues before the Tribunal were whether the applicant had complied with her visa conditions, specifically condition 8202(2) requiring continuous enrolment in a registered course, and if not, whether the discretion to cancel her visa should be exercised. The applicant sought extensions of time to provide information and evidence, including a letter from a legal practitioner. However, the Tribunal determined that the legal practitioner had no instructions to act for the applicant and was unaware of the letter's use, thus placing no weight on it. The Tribunal also found that the applicant's request for an extension was not well-founded.

The Tribunal reasoned that the applicant had not been enrolled in a registered course of study between the specified dates, thereby failing to comply with condition 8202(2). In considering the discretionary power to cancel the visa, the Tribunal acknowledged the applicant's claims of being defrauded by a lawyer, which led to her financial difficulties and inability to pay tuition fees. However, the Tribunal found that the applicant had ample opportunity to seek legal advice and report these matters to the relevant authorities, but there was no information to suggest she had done so. The Tribunal concluded that the applicant's failure to comply with her visa requirements arose from her own notification to the education provider that she was discontinuing her course. Ultimately, the Tribunal found that the considerations favouring cancellation outweighed those favouring the visa's continuation.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 (Student) visa.