Rongwang (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by the applicant, Rongwang. The applicant sought review of the delegate's decision to cancel their visa.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of their student visa, specifically concerning enrolment in a registered course and satisfactory course progress and attendance, as stipulated by Schedule 8, clause 8202 of the Migration Regulations 1994. The Tribunal also considered the applicant's submissions regarding COVID-19 restrictions, their physical and mental health, and the timing of medical consultations.

The Tribunal affirmed the delegate's decision to cancel the visa. It found that the applicant was not enrolled in a full-time registered course and had not maintained enrolment in a course that would lead to a qualification at the same or higher level than that for which the visa was granted. While acknowledging the applicant's stated difficulties, the Tribunal noted that medical consultations occurred after the department issued the notice of intention to cancel, and limited health reports were provided. The Tribunal concluded that the applicant had not demonstrated that they met the visa conditions.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.