Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Nguyen, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The dispute centred on Mr. Nguyen's failure to maintain enrolment in a registered course of study since September 2016, despite holding the visa for over five and a half years.

The Tribunal was required to determine whether Mr. Nguyen had complied with the conditions of his visa, specifically condition 8202(2)(a) of the Migration Regulations 1994, which mandates enrolment in a registered course. Additionally, the Tribunal had to consider whether any exceptional circumstances existed that would warrant a different outcome, and whether the cancellation would breach any international obligations, including non-refoulement or the best interests of children as a primary consideration.

The Tribunal found that Mr. Nguyen had not completed any higher education courses and had not been enrolled in a registered course since September 2016, thereby failing to comply with condition 8202(2)(a). The Tribunal concluded that the circumstances leading to this non-compliance were not exceptional. Furthermore, the Tribunal found no indication that cancelling the visa would breach any international obligations. Mr. Nguyen also indicated he had no further matters to raise. Consequently, the Tribunal affirmed the decision to cancel Mr. Nguyen's Subclass 573 visa.