Tee (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Home Affairs to cancel the applicant's Student (Class TU) visa (Subclass 500). The applicant, a 27-year-old female from Malaysia, sought to have the cancellation decision set aside.

The central legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth) by failing to maintain enrolment in a full-time registered course of study. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958 (Cth).

The Tribunal found that the applicant had not been enrolled in a registered course since 3 February 2021, thus failing to comply with condition 8202(2)(a). While acknowledging the applicant's stated personal difficulties, including a physical injury, relationship breakdown, and mental health struggles, the Tribunal determined these did not constitute compelling reasons to remain in Australia or excuse her non-compliance. The Tribunal noted that the applicant had not approached her education provider to defer her studies. Considering the totality of the circumstances, including the applicant's non-engagement with her studies and the absence of compelling reasons for her to remain, the Tribunal concluded that the visa cancellation should be affirmed.