Yang (Migration)

The Administrative Appeals Tribunal considered the case of Mr Yang, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa. The visa was cancelled on the grounds that Mr Yang had failed to maintain enrolment in a registered course of study, thereby breaching condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr Yang had breached condition 8202 of his visa, specifically whether he had remained enrolled in a registered course of study as mandated by regulation 8202(2)(a). 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 Mr Yang had not been enrolled in a registered course of study between October 2015 and November 2016, which constituted a significant breach of his visa conditions. While Mr Yang presented reasons for his non-enrolment, including his parents' health issues and his grandmother's death, and expressed a strong desire to complete his studies to avoid disappointing his parents, the Tribunal was not satisfied that his present purpose for remaining in Australia was to study. The Tribunal noted that Mr Yang had only completed two English language courses since arriving in Australia in 2013 and had ceased other courses after only a few months.

Ultimately, the Tribunal affirmed the decision to cancel Mr Yang's visa, concluding that the breach of visa conditions was significant and that the circumstances did not warrant the exercise of discretion to set aside the cancellation.