Sujin (Migration)

This matter concerned an appeal by the applicant, a holder of a Student (Temporary) (Class TU) Subclass 572 visa, against the decision of the Department of Immigration to cancel her visa. The central dispute revolved around whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance. The applicant claimed she was unable to study due to illness and mental health issues, but had not informed the Department or sought assistance from her education provider.

The Tribunal was required to determine if the applicant had complied with condition 8202 of her visa. Specifically, the court needed to ascertain whether the applicant was enrolled in a registered course between 30 May 2017 and 8 April 2018, and whether she had made satisfactory course progress and attendance during that period. The Tribunal also had to consider the exercise of discretion regarding the cancellation of the visa, taking into account the purpose of the applicant's stay in Australia and the extent of her compliance with visa conditions.

The Tribunal found that the applicant had not been enrolled in a registered course between 30 May 2017 and 8 April 2018, thereby breaching condition 8202(2)(a) of her visa. The applicant's explanations for her lack of enrolment and study were found to be unsatisfactory, and her claims of illness and mental health issues were not adequately substantiated or communicated to the relevant authorities. Furthermore, the Tribunal noted inconsistencies in her stated educational objectives, as she had already obtained qualifications similar to those she claimed to be pursuing. The Tribunal concluded that the grounds for cancelling the visa outweighed any grounds for not cancelling it, and therefore affirmed the delegate's decision.