Shi (Migration)

This matter concerned an appeal by Mr Shi against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had been enrolled in business studies but was found to have not been enrolled in a registered course for more than 12 months. The Administrative Appeals Tribunal was required to determine whether the cancellation of the visa was justified.

The primary legal issue before the Tribunal was whether the applicant had breached a condition of his visa, specifically condition 8202, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa, taking into account the applicant's stated purpose for being in Australia, his compliance with visa conditions, and any hardship that might result from cancellation.

The Tribunal reasoned that the applicant had indeed breached visa condition 8202 by not being enrolled in a registered course for over 12 months and by failing to demonstrate satisfactory course progress and attendance. The Tribunal noted that the applicant had completed some foundational studies but had not progressed to his diploma or Bachelor's degree. Crucially, the applicant's non-appearance at the Tribunal hearing to explain his non-compliance and lack of re-enrolment was given significant weight, leading the Tribunal to conclude that he was not a genuine temporary visa holder for study purposes.

The Tribunal affirmed the decision to cancel the applicant's visa, finding that the breaches of visa conditions were significant and that the applicant had failed to provide any satisfactory explanation for his conduct.