Tian (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The applicant had been granted the visa on 24 June 2016 but was found not to have been enrolled in a registered course of study from 16 December 2016 to 25 July 2017, thereby failing to comply with condition 8202(2)(a) of the Migration Regulations 1994. The Administrative Appeals Tribunal was required to determine whether the circumstances leading to the applicant's lack of enrolment constituted exceptional circumstances justifying the retention of the visa, and whether any international obligations would be breached by the cancellation.

The Tribunal considered the applicant's submissions regarding parental disappointment and the potential negative impact on his family if he returned to China without completing his studies. However, the Tribunal placed no weight on this information, finding no indication of a breach of international obligations, including non-refoulement or the best interests of children. The applicant also claimed he was unaware of the possibility of applying for permission to study while holding a Bridging Visa E, and that he had complied with its conditions. The Tribunal acknowledged this compliance but noted that the applicant had a migration agent and that it was open to him to inquire about study rights with the Department of Home Affairs at any time.

The Tribunal concluded that the circumstances leading to the applicant's failure to maintain enrolment were not exceptional. Having failed to comply with condition 8202(2)(a) and presenting no exceptional circumstances or breaches of international obligations, the Tribunal affirmed the decision to cancel the applicant's visa.