Wei (Migration)

This matter concerned an appeal by the applicant, Ms. Wei, against the cancellation of her Student (Temporary) (Class TU) visa. The applicant had been enrolled in various courses in Australia since March 2013 but had not completed any of them. The Department of Home Affairs cancelled her visa on the grounds that she had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. The Administrative Appeals Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether the decision to cancel her visa should be affirmed.

The Tribunal found that the applicant had indeed breached condition 8202(2) of the Migration Regulations 1994, as she had candidly admitted to not being enrolled in a registered course of study since 28 July 2016. The Tribunal considered the applicant's stated purpose for being in Australia was to study, but noted her lack of completion of any registered course over nearly six and a half years. While the applicant presented a new offer of study commencing shortly after the hearing, and evidence of a registered relationship with an Australian citizen, the Tribunal weighed these factors against the prolonged period of non-compliance with her visa conditions.

Ultimately, the Tribunal concluded that the applicant's prolonged failure to maintain enrolment in a registered course constituted a breach of her visa conditions. Despite the applicant's stated intention to complete her studies and return home, and the evidence of her relationship with an Australian citizen, the Tribunal affirmed the decision to cancel her visa. The Tribunal considered the circumstances as a whole in exercising its discretion to cancel the visa.