Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant holding a Class TU Student visa (Subclass 573 Higher Education Sector). The dispute arose from the cancellation of the applicant's visa by the Department, which the applicant sought to have reviewed by the Tribunal. The grounds for cancellation were that the applicant had allegedly breached condition 8202 of her visa by not being enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of her visa, specifically subclause (2)(a), which requires the holder to be enrolled in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa, having regard to the applicant's submissions and relevant government policy.

The Tribunal found that the applicant had ceased to be enrolled in a registered course from 13 May 2016, and confirmed this fact with the applicant during the hearing. The Tribunal applied the principle established in *Liu v MIMIA* [2003] FCA 1170, which held that a visa holder is in breach of condition 8202(2)(a) if they cease to be enrolled in a registered course. While the applicant provided extensive submissions detailing personal difficulties, including her father's medical condition and her own struggles with English and cultural adjustment, the Tribunal concluded that these circumstances did not negate the fact of her non-enrolment.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. Despite acknowledging the significance of visa cancellation and considering the applicant's compelling personal circumstances, the Tribunal found that the breach of condition 8202(2)(a) was established and, on balance, the cancellation was warranted.