Xu (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose because the applicant was no longer enrolled in a registered course of study, which constituted a breach of a visa condition.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to assess if the applicant had complied with Condition 8202(2)(a) of his visa, which mandates enrolment in a registered course.

The Tribunal found that the applicant had breached Condition 8202(2)(a) as his enrolment in both a Bachelor of Science and a Master of Professional Engineering had been cancelled in March 2017, and he had not subsequently enrolled in any registered course. Despite the applicant's claims of not receiving a Notice of Intention to Consider Cancellation, the Tribunal was satisfied it was sent to his last known email address. The Tribunal then considered its discretion, noting the applicant's awareness of the breach and his inaction for 17 months. While acknowledging the significance of visa cancellation, the Tribunal concluded that, on balance, the circumstances warranted affirming the decision to cancel the applicant's visa.