Peng (Migration)

This matter concerned an appeal by Ms Peng against the cancellation of her Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The Administrative Appeals Tribunal was required to determine whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether Ms Peng had taken reasonable steps to maintain her enrolment in a registered course, as required by the conditions of her visa. This involved considering the circumstances that led to her failure to maintain enrolment, including her pregnancy and the birth of her child, and whether these circumstances excused her non-compliance. The Tribunal also considered whether the cancellation would breach any international obligations, such as non-refoulement or the best interests of children.

The Tribunal found that Ms Peng had not taken reasonable steps to manage her course enrolment. While acknowledging her pregnancy and subsequent medical issues, the Tribunal placed low weight on these factors as mitigating her failure to maintain enrolment. The Tribunal noted that Ms Peng had received notification from the Australian National University regarding her lack of enrolment, but she claimed not to have seen this email. The Tribunal concluded that there was no indication that cancelling her visa would breach any international obligations.

The Tribunal affirmed the decision to cancel Ms Peng's visa.