Tao (Migration)

The Administrative Appeals Tribunal considered the case of Tao, an applicant whose Student (Temporary) (Class TU) – Subclass 573 Higher Education Sector visa was cancelled. The dispute centred on whether the applicant had breached a condition of her visa, leading to its cancellation.

The Tribunal was required to determine if the applicant had complied with Condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal needed to ascertain whether the applicant was enrolled in a registered course, had achieved satisfactory course progress, and maintained satisfactory course attendance, as stipulated by the condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had breached Condition 8202(2) by not being enrolled in a registered course since 14 June 2016, an admission supported by departmental records. While acknowledging the applicant's stated reasons for non-attendance, including medical conditions and family bereavement, the Tribunal found these did not outweigh the breach. The Tribunal noted a history of changing courses and failing to complete them, indicating a lack of genuine intention to undertake a degree in Australia. Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that the breach of visa conditions and the applicant's lack of will to complete her studies in Australia were significant factors that outweighed any hardship.