Rogony (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Cheryl Jemutai Rogony, who held a Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the cancellation of her visa by the Department of Home Affairs on the grounds that she had failed to comply with a condition of her visa.

The primary legal issue before the Tribunal was whether Ms. Rogony had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a full-time registered course and to maintain enrolment in a course that leads to a qualification at the same or a higher level than the one for which the visa was granted. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors.

The Tribunal found that Ms. Rogony had not complied with condition 8202(2)(a) as she had not been enrolled in a full-time registered course since 10 November 2021, following the cancellation of her Bachelor of Community Services for non-payment of fees. Despite submissions regarding mental health issues, financial hardship, and an offer of enrolment in a new course, the Tribunal considered these in the context of the overall circumstances. It noted the applicant's poor study record and significant gaps in study. After weighing all relevant factors, including those outlined in the Department's Procedural Instruction on general visa cancellation powers, the Tribunal concluded that the discretion to cancel the visa should be exercised.

Consequently, the Tribunal affirmed the decision to cancel Ms. Rogony's Student (Temporary) (Class TU) visa.