Wang (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to cancel Mr Binbin Wang's Subclass 573 Higher Education Sector visa. The cancellation was based on the applicant's alleged breach of condition 8202 of the Migration Regulations 1994. The Tribunal's jurisdiction was limited to the decision concerning Mr Wang, as the other applicant's visa was automatically cancelled as a consequence of his visa cancellation.

The primary legal issue before the Tribunal was whether Mr Wang had breached condition 8202 of his student visa. This condition requires the visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's personal circumstances and government policy.

The Tribunal found that Mr Wang had breached condition 8202(2) as he had not been enrolled in a registered course since October 2014, a fact he agreed with. The Tribunal also considered the applicant's purpose for being in Australia and noted that his application for a protection visa suggested an intention to remain permanently, which was inconsistent with the purpose of his student visa. Despite acknowledging some compliance with other visa conditions, the Tribunal concluded that the breach of condition 8202 was significant and that the applicant had not demonstrated a compelling need to remain in Australia.

Consequently, the Tribunal affirmed the delegate's decision to cancel Mr Wang's visa. The Tribunal stated it had no jurisdiction with respect to the other applicant, whose visa cancellation was a consequence of Mr Wang's visa cancellation under section 140(1) of the Migration Act 1958.