NGUYEN (Migration)

This matter concerned an appeal by an applicant against the decision of the Tribunal to affirm the cancellation of her Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The applicant had been granted the visa on 24 October 2013.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2)(a) of the Migration Regulations 1994, which requires a visa holder to be enrolled in a registered course. The Tribunal was also required to consider whether the circumstances leading to the applicant's non-compliance constituted exceptional circumstances, and whether any international obligations, such as non-refoulement or the best interests of children, would be breached by the cancellation.

The Tribunal found that the applicant had not been enrolled in a registered course since 15 September 2016, thereby failing to comply with condition 8202(2)(a). The Tribunal determined that the circumstances leading to the cancellation of her course enrolment, which included pregnancy and morning sickness, were not exceptional. Furthermore, the Tribunal found no indication that cancelling the visa would breach any international obligations. Consequently, the Tribunal placed low weight on the information presented in favour of the applicant and concluded that there were no other relevant matters to consider.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 573 Higher Education Sector visa.