Wang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates maintaining enrolment in a registered course at the same or a higher qualification level than that for which the visa was granted.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202(2)(b) of the Migration Regulations 1994. This condition requires a student visa holder to maintain enrolment in a registered course that, upon completion, will provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level as the course for which the visa was originally granted. The Tribunal also had to consider whether, having found a breach, the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant's visa was granted for a Bachelor of Commerce (AQF Level 7). While the applicant's enrolment in this course was cancelled in August 2017, they subsequently enrolled in a general English course and a Diploma of Business (AQF Level 5) in January 2019. The Tribunal concluded that the applicant had not maintained enrolment in a course at the same or a higher AQF level, thus breaching condition 8202(2)(b). In considering the discretion to cancel, the Tribunal noted the applicant provided no evidence of a compelling need to remain in Australia or of significant hardship that would be caused by cancellation, giving little weight to potential financial or emotional hardship.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.