Pham (Migration)

The Administrative Appeals Tribunal considered an appeal by Ms. Pham concerning the cancellation of her Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose from the Department's decision to cancel Ms. Pham's visa on the ground that she was not enrolled in a principal course with an eligible education provider, a condition of her visa. The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was established and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the ground for cancellation under s.116(1)(b) was established, as Ms. Pham had not complied with her visa condition of enrolment. The Tribunal then considered whether to exercise its discretion to cancel the visa, having regard to matters raised by Ms. Pham and relevant government policy guidelines. Ms. Pham had explained her non-enrolment by citing family financial difficulties and associated stress, which affected her ability to study. She also presented evidence of her completion of some courses and a later re-enrolment. However, the Tribunal weighed these explanations against the overall circumstances, including credibility issues and the period of non-compliance.

Ultimately, the Tribunal concluded that the evidence, when considered as a whole, did not warrant the exercise of discretion in Ms. Pham's favour. The Tribunal affirmed the delegate's decision to cancel Ms. Pham's visa.