Wong (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a registered course.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course, had made satisfactory course progress, and had satisfactory course attendance, as required by the condition. The cancellation of the visa was based on the assertion that the applicant was not enrolled in a registered course.

The Tribunal reasoned that while the applicant had not yet formally enrolled in a Master of Occupational Therapy course at Curtin University, he had been offered a place with a partial scholarship. The Tribunal found that the applicant's inability to enrol was due to restrictions imposed by his bridging visa. Considering the applicant's efforts to gain entry into medical courses and his subsequent offer for a Master's degree, which is at a higher qualification level, the Tribunal concluded that the applicant had, in substance, complied with the spirit of condition 8202(2).

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.