Saco Vertiz (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Saco Vertiz concerning the cancellation of Student (Temporary) (Class TU) visas, subclass 500. The applicant, Ms. Vertiz, had her visa cancelled by the Department of Home Affairs due to ceasing enrolment in a registered course. Ms. Vertiz sought review of this decision before the AAT.

The primary legal issue before the Tribunal was whether the applicant had met the criteria for maintaining her student visa, specifically in relation to her enrolment and academic progress, despite circumstances that led to her ceasing her course. The Tribunal was required to assess whether the reasons provided by the applicant for her non-compliance with visa conditions constituted a sufficient basis to set aside the Department's decision.

The Tribunal acknowledged the applicant's evidence regarding transport injuries and subsequent health issues, which impacted her ability to attend her studies. It also noted her continued employment, suggesting an intention to remain in Australia. However, the Tribunal found that these factors did not sufficiently mitigate the fact that she had ceased enrolment in her registered course without making satisfactory academic progress, a core requirement for maintaining a student visa. The Tribunal applied the principles of the *Migration Act 1958* (Cth) and the relevant regulations concerning student visa conditions, concluding that the applicant had not demonstrated that the cancellation decision was not justified.

The Tribunal affirmed the decision of the Department of Home Affairs to cancel Ms. Vertiz's visa.