Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Wang, who sought review of the Minister's decision to cancel her Subclass 573 Higher Education Sector (Temporary) (Class TU) visa. Ms. Wang had failed to attend a scheduled hearing before the AAT and had not complied with condition 8202 of her visa, which required her to maintain enrolment in a registered course of study. She had ceased to be enrolled in her course, although she later provided evidence of an updated offer of enrolment and successful completion of reattempted English units.

The primary legal issue before the AAT was whether the Minister's decision to cancel Ms. Wang's visa was justified. This required the Tribunal to consider whether Ms. Wang had met the criteria for the cancellation of her visa under the relevant migration regulations, particularly concerning her failure to maintain enrolment and her non-attendance at the hearing. The Tribunal also had to assess the weight to be given to the evidence of her subsequent enrolment and academic progress.

In its reasoning, the AAT acknowledged that Ms. Wang had indeed failed to comply with her visa conditions. However, the Tribunal also took into account the evidence presented regarding her updated enrolment and her successful completion of the reattempted English units. The AAT found that, in light of this subsequent compliance and academic progress, the Minister's decision to cancel the visa was not justified. The Tribunal therefore set aside the decision under review.