Thai (Migration)

This matter concerned a review of the cancellation of the applicant’s Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had failed to maintain enrolment in a registered course for over twenty-eight months, and the delegate found that she was not a genuine student and had wilfully breached her visa conditions. The Administrative Appeals 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 whether the applicant had complied with condition 8202 of her student visa, which mandates enrolment in a registered course. The applicant’s explanation for her non-compliance involved a desire to pursue a career in beauty services, a relationship with her boyfriend, and plans to establish a business and family in Australia, rather than completing her intended Bachelor’s or Master’s degree. The Tribunal also had to assess the applicant's credibility and whether any extenuating or exceptional circumstances beyond her control justified a decision not to cancel the visa.

The Tribunal found that the applicant had indeed failed to comply with condition 8202, as she had not been enrolled in any coursework since April 2016. The Tribunal did not accept the applicant's explanation as constituting extenuating or exceptional circumstances, instead viewing it as evidence of wilful breach. Adverse credibility findings were made due to inconsistencies and a lack of overall credibility in the applicant's evidence, both written and oral. The Tribunal concluded that the applicant was not a genuine student and that the cumulative weight of unfavourable factors significantly outweighed any countervailing considerations.

Accordingly, the Tribunal affirmed the decision to cancel the applicant’s visa.