Yee (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Yee, a holder of a Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the cancellation of her visa by the Department of Home Affairs. The Tribunal was tasked with determining whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether Ms. Yee had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach of this condition was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Ms. Yee had not complied with condition 8202(2)(a) as she had not been enrolled in a registered course since 4 August 2017. Ms. Yee conceded this fact before the Tribunal. Despite her explanations regarding financial pressures, study difficulties, mental health concerns, and her family's immigration aspirations, the Tribunal concluded that the visa cancellation should be affirmed. The Tribunal considered the circumstances, including Ms. Yee's stated intention to remain in Australia with her family and her mother's unsuccessful application for a Regional Employer Nomination visa, but ultimately determined that the breach of the visa condition warranted affirmation of the cancellation.