Nguyen (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 573, held by the applicant, Ms. Nguyen. The dispute arose from the delegate's decision to cancel Ms. Nguyen's visa due to her alleged breach of visa conditions. The Tribunal, presided over by Tigiilagi Eteuati, was tasked with determining whether the visa cancellation was justified.

The primary legal issue before the Tribunal was whether Ms. Nguyen had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to ascertain if Ms. Nguyen was enrolled in a registered course, had made satisfactory course progress, and maintained satisfactory course attendance, as required by that condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Ms. Nguyen had not complied with condition 8202(2) as she was not enrolled in a registered course from 18 July 2016, an admission supported by departmental records. While acknowledging Ms. Nguyen's explanations for ceasing her studies, including stress due to family bereavements and financial difficulties, the Tribunal noted inconsistencies in her evidence regarding attendance. The Tribunal considered these personal circumstances and government policy guidelines but ultimately concluded that Ms. Nguyen's failure to comply with visa conditions, coupled with her lack of desire and ability to undertake further study in Australia, outweighed any hardship that might result from the cancellation.

Consequently, the Tribunal affirmed the delegate's decision to cancel Ms. Nguyen's visa.