WU (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant's visa was cancelled under section 116(1) of the Migration Act 1958 (Cth) on the basis that she had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether to exercise its discretion to cancel the visa.

The central legal issue was whether the applicant had complied with condition 8202, which mandates that a student visa holder must be enrolled in a registered course and achieve satisfactory academic progress and attendance. The Tribunal considered evidence from the Provider Registration and International Student Management System (PRISMS), which indicated that the applicant had not been enrolled in a registered course since 10 February 2016. This was supported by a history of cancelled Confirmation of Enrolment (CoE) notices for various courses, including English language programs and a Bachelor of Commerce, due to non-commencement, non-attendance, or changes in enrolment.

The Tribunal found that the applicant had not been enrolled in a registered course since 10 February 2016, thereby breaching condition 8202(2). In considering the exercise of discretion to cancel the visa, the Tribunal had regard to the applicant's stated intention to study in Australia and her difficulties in achieving her study goals. It also noted her unsuccessful application for a dependent visa and her explanation that she sought to take a break from studies. While acknowledging the applicant's desire to continue her studies and assist her family's export business, the Tribunal was not satisfied that she had a compelling need to remain in Australia. The Tribunal concluded that the non-compliance with condition 8202 was significant and affirmed the decision to cancel the applicant's visa.