TANG (Migration)

This matter concerned the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by the first applicant. The dispute arose from the Department's assessment that the first applicant had breached condition 8202 of the Migration Regulations 1994 (Cth) by failing to maintain enrolment in a registered course. The second applicant, also a holder of a Student (Temporary) (Class TU) visa, was also involved in the review. The decision was made by Brendan Darcy.

The legal issues before the court were whether the first applicant had breached condition 8202 of their visa, which requires the holder to be enrolled in a full-time registered course and maintain enrolment in a course at the same or higher AQF level as the course for which the visa was granted. The court also had to consider the discretion to cancel the visa if a breach was found, and whether it had jurisdiction to review the second applicant's case.

The court found that the first applicant had not complied with condition 8202, as they were not enrolled in a full-time registered course. The court noted the applicant's history of study, including enrolment in foundational English, a Diploma in Business, a Bachelor of Commerce, and a Master's degree in Accounting. Despite claims of struggling with Australian coursework and the English language, the court found these explanations unconvincing, particularly given the applicant's prior accounting degree and extensive time in Australia. The court concluded that the applicant had exaggerated their circumstances. Regarding the second applicant, the court determined it had no jurisdiction to review their case.

Consequently, the court affirmed the decision to cancel the first applicant's visa. The court also stated that it had no jurisdiction concerning the second applicant.