Rodlanda (Migration)

The Administrative Appeals Tribunal considered the case of Rodlanda, an applicant whose Student (Temporary) (Class TU) visa, Subclass 572, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory course progress and attendance.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of her visa. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in a registered course and, if not, whether the discretion to cancel her visa should be exercised in light of the circumstances presented.

The Tribunal found that the applicant had not been enrolled in a registered course since 14 July 2016, thus breaching condition 8202(2). However, in considering the exercise of its discretion to cancel the visa, the Tribunal had regard to the applicant's explanations. These included difficulties with English language proficiency, advice received from agents regarding course availability and suitability, and a family emergency involving her father's health and financial constraints preventing her from enrolling in a new course. The Tribunal concluded that, considering all the circumstances, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's visa.