Su (Migration)

The Administrative Appeals Tribunal considered the case of Su, the holder of a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute arose from the delegate's decision to cancel Su's visa on the grounds that he was not enrolled in a registered course, a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Su had breached condition 8202 of his visa, specifically whether he had been enrolled in a registered course as required. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to all the circumstances of the case.

The Tribunal found that Su had indeed ceased to be enrolled in a registered course from 15 December 2016, thus breaching condition 8202(2)(a). However, in considering the discretion to cancel the visa, the Tribunal had regard to the applicant's circumstances. Su had come to Australia to study Architecture but experienced difficulties changing his course due to issues obtaining a release letter and poor migration advice. This led to stress, insomnia, and a digestive disorder, preventing him from commencing study as planned. He had since explained his situation to his parents, who were supportive of him pursuing a Bachelor degree in Commerce. The Tribunal concluded that, in light of these circumstances, the visa should not be cancelled.

The Tribunal set aside the delegate's decision to cancel Su's visa and substituted a decision not to cancel it.