Wan (Migration)

This matter concerned an application by a student visa holder, Mr Wan, to review the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The Department of Home Affairs had cancelled Mr Wan's visa on the grounds that he had ceased enrolment in a registered course and had made unsatisfactory course progress, thereby breaching condition 8202(2)(a) of his visa. The Administrative Appeals Tribunal was required to determine whether Mr Wan had indeed breached this condition and, if so, whether to exercise its discretion to cancel his visa.

The Tribunal was required to consider whether Mr Wan had failed to maintain enrolment in a registered course for a period exceeding 11 months, as alleged by the Department. Following a finding that this condition had been breached, the Tribunal then had to consider the exercise of its discretion to cancel the visa. In doing so, it was mindful of the need to consider the circumstances of the case, including any extenuating circumstances beyond the applicant's control, the purpose of his stay in Australia, his overall compliance with visa conditions, the degree of hardship cancellation would cause, and his past behaviour towards the Department.

The Tribunal found, on the available evidence, that Mr Wan was not enrolled in a registered course of study for the relevant period, confirming the breach of visa condition 8202(2)(a). While acknowledging the medical issues raised by Mr Wan and the documentation provided, including a psychologist's report and evidence relating to his mother's health, the Tribunal concluded that these circumstances did not outweigh the seriousness of the breach. The Tribunal was satisfied that, in all the circumstances, the applicant's visa ought to be cancelled.

Consequently, the Tribunal affirmed the decision to cancel Mr Wan's Class TU visa.