Terrones Tafur (Migration)

This matter concerned an application by Terrones Tafur for review of the cancellation of her Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the applicant's failure to comply with condition 8202(2)(a) of her visa, specifically by not being enrolled in a full-time registered course from 20 January 2022. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal was required to consider the applicant's circumstances in exercising its discretion. The applicant provided a detailed response to the Department's Notice of Intention to Consider Cancellation, outlining a history of significant personal hardships between 2018 and 2022. These included being scammed by a migration agent, leading to financial loss and civil litigation, a difficult pregnancy resulting in miscarriage, the premature birth and death of twins, and subsequent health issues and substantial medical expenses for herself and her surviving twins born in 2020. She also highlighted the emotional and financial toll these events took, impacting her ability to prioritise her studies and seek appropriate support. The applicant stated that she had since enrolled in a new course commencing in December 2022 and that her family's circumstances had improved.

The Tribunal acknowledged the gravity of visa cancellation but, after considering all the circumstances, concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal noted that it had no jurisdiction with respect to the other applicants, who were members of the applicant's family unit.