Vu (Migration)

The Administrative Appeals Tribunal considered the case of Vu, a Vietnamese national, who sought review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether Mr Vu had complied with the conditions of his visa, specifically concerning his enrolment in a registered course of study.

The primary legal issue before the Tribunal was whether Mr Vu had breached condition 8202(2) of his visa by ceasing enrolment in a registered course and failing to maintain satisfactory academic progress. Consequently, the Tribunal was required to determine whether, having found a breach, the discretion to cancel his visa should be exercised in his favour.

The Tribunal found that Mr Vu had not complied with condition 8202(2) as he had not been enrolled in a registered course for over a year at the time of the Notice of Intention to Cancel. The Tribunal noted that Mr Vu had not completed several courses he had enrolled in and that his stated intention to seek employment and assist his siblings to come to Australia was inconsistent with the purpose of his student visa. The Tribunal concluded that Mr Vu's conduct demonstrated a lack of commitment to study and that there were no compelling reasons for him to remain in Australia, thus affirming the decision to cancel his visa.