Wu (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Wu, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on Mr Wu's failure to maintain enrolment in a registered course, a ground for cancellation under the *Migration Act 1958* (Cth). Mr Wu had not responded to an invitation under s 359A of the Act to provide information or evidence, and therefore was not entitled to appear before the Tribunal.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel Mr Wu's visa was the correct or preferable decision. This involved considering whether the ground for cancellation was established and, if so, whether the discretion to cancel the visa should have been exercised. The Tribunal was required to assess the significance of Mr Wu's prolonged period of non-enrolment and his subsequent departure from Australia without a right of re-entry.

In its reasoning, the Tribunal noted that Mr Wu had been notified of the potential ground for cancellation and had failed to respond. The Tribunal found that Mr Wu was not enrolled in a registered course, which constituted a valid ground for cancellation. Furthermore, the Tribunal considered the significant period of non-enrolment and Mr Wu's departure from Australia, which indicated a lack of intention to comply with the visa conditions. The Tribunal concluded that the Minister's decision to cancel the visa was the correct and preferable one, and therefore affirmed the decision under review.