Xian (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, held by the applicant, Xian. The dispute centred on whether the applicant had breached a condition of her visa, leading to its potential cancellation.

The Tribunal was required to determine if the applicant had breached condition 8202 of the Migration Regulations 1994, specifically whether she was enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had admitted to not fulfilling her study commitment, thereby failing to comply with condition 8202(2) of the Regulations. Despite acknowledging the applicant's personal circumstances, including the unplanned birth of her child, her status as a sole carer, social isolation, language barriers, and financial dependence on her partner, the Tribunal concluded that these factors did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.