Tran (Migration)

The Administrative Appeals Tribunal considered the case of a student visa holder whose visa was cancelled. The applicant, a national of Vietnam, had been granted a Subclass 573 Higher Education Sector visa. The core dispute revolved around whether the applicant had breached a condition of his visa, leading to its cancellation.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether the applicant remained enrolled in a registered course of study as mandated by condition 8202(2)(a). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa.

The Tribunal found that the applicant had breached condition 8202(2)(a) because evidence indicated he had not been enrolled in a registered course of study since 4 August 2016. The Tribunal noted that the purpose of a student visa is to facilitate study in Australia, and the applicant's prolonged non-enrolment suggested he was not pursuing this purpose. After considering the applicant's submissions and the relevant government policy, the Tribunal concluded that the breach was significant due to its duration and the fundamental nature of enrolment to the visa granted. The Tribunal found no extenuating circumstances or matters that would warrant exercising discretion not to cancel the visa, despite acknowledging potential financial difficulties and the consequences of becoming an unlawful non-citizen.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass TU visa.