Ye (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Class TU (Student Temporary) visa, subclass 500. The dispute arose because the applicant was not enrolled in a registered course, which is a condition for holding such a visa. The Tribunal was tasked with determining whether the decision to cancel the applicant's visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had failed to meet the requirements of subclause 88202(2) of Schedule 8 of the Migration Regulations 1994, which mandates enrolment in a registered course. The Tribunal also had to consider whether, in light of the circumstances giving rise to the non-compliance, including the applicant's health conditions, the discretion to cancel the visa should have been exercised.

The Tribunal reasoned that the applicant's failure to be enrolled in a registered course constituted a breach of a visa condition. While acknowledging the applicant's health conditions, the Tribunal found that these circumstances did not negate the applicant's responsibility to comply with their visa conditions. Applying the relevant provisions of the Migration Regulations, the Tribunal concluded that the ground for cancellation was established and that the discretion to cancel the visa was appropriately exercised. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.