Tran (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. The applicant had been notified that she was not enrolled in a registered course since May 2016, leading to the cancellation of her visa.

The Tribunal was required to determine if the applicant had complied with condition 8202(2) of the Migration Regulations 1994, specifically whether she was enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances of the case and the applicant's submissions. The applicant had argued that she intended to study in Australia and had encountered financial and health difficulties, but the Tribunal also had to assess the genuineness of her present intention to remain in Australia for study.

The Tribunal found that the applicant had failed to maintain enrolment in a registered course for approximately six and a half months prior to the Notice of Intention to Consider Cancellation. Although the applicant later obtained a Confirmation of Enrolment and a conditional letter of offer, the Tribunal was not satisfied that these indicated a present intention to materially engage in study in Australia. The Tribunal considered the applicant's stated reasons for her lack of enrolment, including financial difficulties and family health issues, but concluded that these did not outweigh the finding of non-compliance with the visa condition.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal concluded that the applicant had not complied with condition 8202(2) and, after considering all the evidence, determined that the visa should be cancelled.