NGUYEN (Migration)

This matter concerned an application by an individual, identified as NGUYEN, to review the cancellation of her Student (Temporary) (Class TU) visa, specifically Subclass 573 (Higher Education Sector). The decision was made by the Tribunal, presided over by Member Joseph Lindsay. The core of the dispute revolved around the applicant's failure to maintain enrolment in a registered course of study, which constituted a ground for visa cancellation under the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had complied with the conditions of her visa, specifically condition 8202(2)(a) of Schedule 8, which mandates that a visa holder must be enrolled in a registered course. Furthermore, the Tribunal had to consider whether the circumstances leading to the applicant's non-enrolment were exceptional and whether the discretion to cancel the visa should be exercised, taking into account any international obligations or the best interests of children.

The Tribunal found that the applicant had not been enrolled in a registered course of study since 5 September 2016, thereby failing to comply with condition 8202(2)(a). It concluded that the circumstances leading to the cancellation of her course enrolment were not exceptional. The Tribunal also noted that there was no indication that cancelling the visa would breach any international obligations, including non-refoulement or the best interests of children. Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.