WANG (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573, held by the applicant, Ms. Wang. The dispute arose because the applicant ceased enrolment in her registered Higher Education course and subsequently did not commence studies in a vocational course, leading to the cancellation of her visa by the Department. The Tribunal was tasked with determining whether the visa cancellation was justified.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation of the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) as she was not enrolled in a registered course for a significant period. Departmental records indicated a gap in enrolment from July 2017 to April 2018, and a subsequent enrolment was cancelled for non-commencement. While acknowledging the applicant's stated desire to study and the potential difficulties she might face upon returning to China, the Tribunal found her described future study plans to be unrealistic given her academic history. Consequently, the Tribunal was not satisfied that the applicant had a compelling need to remain in Australia. Although the applicant had complied with other visa conditions, the failure to maintain enrolment was considered a fundamental breach of a student visa.

Considering all the circumstances, the Tribunal concluded that the visa cancellation was appropriate and therefore affirmed the Department's decision.