Vo (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The Administrative Appeals Tribunal (the Tribunal) was required to consider whether the cancellation of the visa was justified.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of their visa, specifically condition 8202(2)(a) of the Migration Regulations 1994, which requires a visa holder to be enrolled in a registered course. The Tribunal also considered whether any international obligations, such as non-refoulement or the best interests of children, would be breached by the cancellation, and whether there were any other relevant matters to consider.

The Tribunal found that the applicant had not been enrolled in a registered course of study since 10 August 2016, and had not completed any higher education courses since being granted the visa in March 2014. It determined that the circumstances leading to the cancellation of the applicant's enrolment were not exceptional. The Tribunal also noted that the applicant had indicated they had no further relevant matters to raise. Consequently, the Tribunal placed low weight on any information presented in favour of the applicant and found no indication of a breach of international obligations.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 visa.