WANG (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Mr Wang, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). Mr Wang's enrolment in a degree course had been cancelled due to his failure to meet English language proficiency requirements. Subsequently, his enrolment in another degree course was cancelled, and he was advised by an agent not to enrol in a diploma course while holding a bridging visa. The Tribunal also noted family financial problems and Mr Wang's mental health as contributing factors.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel Mr Wang's visa was justified under the Migration Act 1958 (Cth). This involved assessing whether Mr Wang had breached a condition of his visa, specifically the requirement to maintain enrolment in a registered course. The Tribunal also had to consider whether there were any compelling reasons to set aside the cancellation decision, taking into account the circumstances presented by Mr Wang.

In its reasoning, the Tribunal acknowledged that Mr Wang had indeed failed to maintain enrolment in a registered course, which constituted a ground for cancellation under the Migration Act. However, the Tribunal found that there were compelling reasons to set aside the cancellation decision. These reasons included the impact of his family's financial difficulties, his mental health struggles, and the advice he received from his agent regarding his bridging visa status. The Tribunal applied the principles of administrative review, focusing on the overall merits of the case and the specific circumstances of the applicant.

The Tribunal set aside the decision under review and substituted it with a decision to not cancel Mr Wang's visa.