Thai (Migration)

The applicant, Tigiilagi Eteuati, sought review of a decision to cancel her Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The dispute centred on whether the applicant had breached a condition of her visa, thereby permitting its cancellation under section 116(1) of the Migration Act 1958 (Cth). The matter was before the Tribunal for consideration.

The primary legal issue was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course, as required by condition 8202(2). 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 not complied with condition 8202(2) as she admitted to not being enrolled in a registered course since 14 October 2015. In considering the exercise of discretion to cancel the visa, the Tribunal had regard to the applicant's circumstances, including her pregnancy and the birth of her child in 2015, her cessation of studies, and her lack of intention to undertake further study due to childcare responsibilities. The applicant also stated that no hardship would be faced if her visa were cancelled. The Tribunal noted concerns regarding the applicant's prolonged period without study and her apparent inability to undertake higher education studies, which weighed in favour of affirming the cancellation decision.

The Tribunal affirmed the decision to cancel the applicant’s Class TU visa.