Yang (Migration)

This matter concerned an appeal by the applicant, a holder of a Student (Temporary) (Class TU) visa, subclass 500, against the decision to cancel her visa. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a full-time registered course. The applicant contended she was unaware of her course cancellation and continued to attend classes, while also citing financial difficulties due to family medical issues as the reason for her inability to pay fees. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant had breached condition 8202 and, if so, whether the discretion to cancel her visa should be exercised.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course. Evidence from the PRISMS record indicated that the applicant's enrolment in her courses had been cancelled on 3 April 2017 for non-commencement of studies, and she had not been enrolled for approximately seven months when the Department issued a notice of intention to consider cancellation. The Tribunal noted inconsistencies between the applicant's claims of continued attendance and her statutory declaration, which admitted to failing to maintain enrolment for over seven months due to financial hardship. The Tribunal was not satisfied that the applicant had a compelling need to remain in Australia, finding that her parents' desire for her to obtain a degree and her great uncle's support did not constitute a powerful or convincing reason for her continued stay, particularly given her extended period in Australia without completing a qualification.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.