Njoroge (Migration)

The Administrative Appeals Tribunal considered the case of Ms Njoroge, who sought review of the cancellation of her Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector). The dispute arose from the applicant's failure to maintain enrolment in a registered course, which constituted a ground for cancellation under her visa conditions.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of her visa, specifically condition 8202(2) requiring enrolment in a registered course. If non-compliance was found, the Tribunal was then required to determine whether to exercise its discretion to cancel the visa, considering all relevant circumstances.

The Tribunal found that the applicant had not been enrolled in a registered course since July 2016, thus failing to comply with condition 8202(2). In considering the discretion to cancel, the Tribunal accepted the applicant's evidence that she had mistakenly believed her student visa had lapsed after withdrawing from a course and obtaining a refund, and that she had a bridging visa in place for potential employer sponsorship. The Tribunal also accepted that the applicant did not intend to remain in Australia without a visa and wished to pursue nursing studies if her visa was not cancelled. However, the Tribunal found that from July 2016 to May 2017, the applicant had chosen not to study, instead pursuing employer sponsorship. While acknowledging the applicant's original intention to study and family support, the Tribunal weighed this against the fact that the applicant's non-compliance reflected an intention to remain in Australia for reasons other than study, specifically to pursue work. The Tribunal affirmed the decision to cancel the visa.