Wangmo (Migration)

This matter concerned an application to affirm the cancellation of a Student (Temporary) (Class TU) visa, subclass 500. The applicant, Ms. Wangmo, had her visa cancelled by the Department of Home Affairs on the grounds that she had breached condition 8202 of the Migration Regulations 1994 (Cth) by ceasing to be enrolled in a registered course. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had indeed breached this condition and, if so, whether to exercise its discretion to affirm the cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations. This condition mandates that a student visa holder must be enrolled in a full-time registered course and maintain enrolment in a course that leads to a qualification at the same or a higher level than the one for which the visa was granted. The Tribunal also considered the applicant's submissions regarding her reasons for non-enrolment and whether these circumstances warranted the exercise of discretion to set aside the cancellation.

The Tribunal found that the applicant had breached condition 8202(2)(a) as she was not enrolled in a full-time registered course from 9 March 2020. While acknowledging the applicant's stated reasons for her non-enrolment, including multiple health issues, pregnancy and recovery, family bereavement, and COVID-19 related travel restrictions, the Tribunal concluded that these circumstances did not outweigh the breach of the visa condition. The Tribunal recognised the significant impact of visa cancellation but, on balance, affirmed the decision to cancel the applicant's visa. The Tribunal noted it had no jurisdiction concerning other family members who may have held visas.