Wang (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training Sector visa. The dispute arose from the applicant's alleged breach of condition 8202 of the Migration Regulations 1994, which requires visa holders to be enrolled in a registered course and maintain satisfactory course progress and attendance. The Tribunal was tasked with determining whether the applicant had indeed breached this condition and, if so, whether the decision to cancel the visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. This condition mandates that a student visa holder must be enrolled in a registered course and not be certified by their education provider as failing to achieve satisfactory course progress or attendance. The Tribunal examined evidence indicating that the applicant was not enrolled in a registered course for a significant period, from 25 June 2016 until 13 February 2017, when they re-enrolled in new courses.

The Tribunal reasoned that the applicant's non-enrolment in a registered course between June 2016 and February 2017 constituted a breach of condition 8202(2) of the Migration Regulations. Despite the applicant's explanations regarding English language requirements and travel, the Tribunal found that the timing of their re-enrolment, occurring after receiving a Notice of Intention to Cancel (NOICC), diminished the weight given to their stated intention to continue studying. Furthermore, the applicant's failure to attend a hearing meant no further information was presented regarding their whereabouts or compelling reasons to remain in Australia. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.