Wei (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course of study. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether the decision to cancel the visa should be affirmed.

The primary legal issue was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition mandates that a student visa holder must be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory course attendance. The applicant's visa was cancelled on the basis that she had not been enrolled in a registered course since December 2015, thereby contravening condition 8202(2)(a). The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa, taking into account the applicant's circumstances.

The Tribunal found that the applicant had not been enrolled in a registered course of study, which constituted a breach of condition 8202(2)(a). While the applicant had previously held student visas and stated her intention to study, the Tribunal was not satisfied that this remained her present intention, particularly in light of her application for a visitor visa. The Tribunal acknowledged the applicant's reported medical condition and the hardship that cancellation might cause, but concluded that these factors did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.