Xiao (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to maintain enrolment in a registered course of study since 24 March 2021, thereby breaching condition 8202 of his visa. The applicant contended that COVID-19 had impacted his ability to enrol and study, and that he was unable to meet his tuition fees from other resources.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of his visa, specifically condition 8202, which requires a student visa holder to maintain enrolment in a registered course of study. The Tribunal was also required to consider the applicant's claims regarding the impact of COVID-19 and his financial capacity to meet tuition fees.

The Tribunal found that there had been an extensive period of non-enrolment by the applicant. While acknowledging the potential impact of COVID-19, the Tribunal was not satisfied that the applicant could not meet his tuition fees from other resources. The Tribunal concluded that the applicant had not complied with his visa conditions in the manner described in the notice of cancellation.

Consequently, the Tribunal affirmed the decision under review.