Xu (Migration)

This matter concerned the review of a decision to cancel the Student (Temporary) (Class TU) visa, subclass 500, held by the applicant. The applicant sought to have the cancellation decision set aside.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had maintained enrolment in a registered course that, upon completion, would provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which the visa was originally granted, during the period from 21 December 2017 to 18 November 2019.

The Tribunal found that the applicant had not complied with condition 8202(2)(b) of his visa. While the applicant had generally maintained enrolment in courses and expressed a desire to study further in Australia, the Tribunal concluded that for the specified period, he was not enrolled in a course at the same or a higher AQF level than his original course. This non-compliance rendered the visa liable for cancellation under section 116(1)(b) of the Migration Act 1958. Despite considering the applicant's circumstances, including his stated intentions and continued study efforts, the Tribunal affirmed the decision to cancel the visa.