Yeung (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Yeung, 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 reviewing this cancellation decision.

The primary legal issue before the Tribunal was whether Ms. Yeung had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth). Specifically, the Tribunal had to determine if she failed to maintain enrolment in a registered course that would provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which her visa was originally granted. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation.

The Tribunal found that Ms. Yeung's visa was granted for a Bachelor of Accounting (AQF Level 7). Her enrolment in this course was cancelled by her education provider in April 2019. Subsequently, she changed to vocational courses, which were at a lower AQF level. This change meant she did not maintain enrolment in a course at the same or a higher AQF level, thus breaching condition 8202(2)(b). While Ms. Yeung presented reasons for this change, including advice from her college and financial hardship, and expressed a strong desire to complete her studies in Australia, the Tribunal concluded that these circumstances did not outweigh the breach of the visa condition.

The Tribunal affirmed the decision to cancel Ms. Yeung's visa.