Park (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the visa of an applicant holding a Student (Temporary) (Class TU) (Subclass 573) visa. The applicant's visa had been cancelled by a delegate of the Department of Immigration and Border Protection on the grounds that she was not enrolled in a registered course from 31 December 2016, which constituted a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had breached condition 8202 of her visa. Specifically, the Tribunal needed to ascertain if the applicant was enrolled in a registered course as required by the condition, or if any exceptions applied. The core of the dispute centred on the applicant's enrolment status and the validity of her Confirmation of Enrolment Certificates (CoEs) in light of her academic progression and any changes to her course structure.

The Tribunal found that the applicant had not breached condition 8202. While the delegate's decision noted a lack of enrolment in a registered course from 31 December 2016, the evidence presented by the applicant demonstrated a continuous enrolment history. This included obtaining a Diploma of Interior Design and Decoration, enrolling in a Bachelor of Design at UTS, and subsequently enrolling in a Bachelor of Creative Industries at Edith Cowan University (ECU). The Tribunal noted that the applicant's course at ECU was shortened due to exemptions, then extended due to a reduced study load, with the final expected completion date being 15 July 2017. As the applicant had not failed to comply with the visa condition, the ground for cancellation under s.116(1)(b) of the Act did not arise. Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.