RC (Migration)

The Administrative Appeals Tribunal considered the case of RC (Migration), reviewing a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course of study 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 the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course between 24 September 2016 and 23 March 2017, a fact conceded by the applicant. In considering the discretion to cancel, the Tribunal noted that the purpose of a student visa is to enable study in Australia, and the applicant stated they had no reason to remain other than study. While acknowledging the applicant's submissions regarding past academic difficulties, mental health issues, and family illnesses, the Tribunal concluded that these circumstances did not outweigh the fundamental requirement of maintaining enrolment in a registered course.

Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's visa, finding that the breach of condition 8202(2) warranted cancellation.