Rios (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Rios, concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant, Ms. Rios, sought review of the delegate's decision to cancel her visa on the grounds that she was not enrolled in a registered course.

The Tribunal was required to determine whether the delegate had correctly exercised their discretion to cancel Ms. Rios's visa. Specifically, the AAT had to consider whether the circumstances surrounding Ms. Rios's non-enrolment, which lasted for just over two months, warranted the cancellation of her visa, or if the discretion should have been exercised in her favour.

In its reasoning, the Tribunal acknowledged that Ms. Rios had indeed failed to maintain enrolment in a registered course for a period. However, it found that this non-enrolment occurred during a transition phase between course providers. The Tribunal was satisfied that Ms. Rios remained a genuine student and that the purpose of her visa had been fulfilled. Applying these considerations, the Tribunal concluded that the delegate's decision to cancel the visa was not the correct or preferable one.

Consequently, the Tribunal set aside the decision under review and substituted a new decision to the effect that the visa cancellation be revoked.