YEUNG (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 500 (Student) visa. The ground for cancellation was that the applicant was not enrolled in a registered course, a requirement under Schedule 8 of the Migration Regulations 1994. The Tribunal had to determine whether to exercise its discretion to not cancel the visa, considering the circumstances surrounding the applicant's failure to maintain enrolment.

The central legal issue was whether the applicant's failure to be enrolled in a registered course was due to circumstances beyond their control, thereby justifying the exercise of discretion not to cancel their visa. The Tribunal examined evidence relating to health issues and administrative problems encountered by the applicant's university, which allegedly caused delays in the renewal of the applicant's Confirmation of Enrolment.

The Tribunal found that the applicant's failure to maintain enrolment was attributable to circumstances beyond their control, including health issues and administrative difficulties experienced by the educational institution. Applying the principles of administrative discretion, the Tribunal concluded that it was appropriate to substitute a decision not to cancel the applicant's visa. The Tribunal set aside the original decision to cancel the visa.