Yip (Migration)

The Administrative Appeals Tribunal considered whether to affirm the decision to cancel the Student (Temporary) (Class TU) visa, subclass 500, held by the applicant, a 35-year-old male from China. The Department of Home Affairs had cancelled the applicant's visa on the grounds that he had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a full-time registered course of study since 18 May 2021. The applicant had not responded to the Notice of Intention to Consider Cancellation.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition, as relevant to the applicant, required him to be enrolled in a full-time registered course and to maintain enrolment in a registered course that would lead to a qualification at the same or a higher level than the one for which the visa was granted. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a full-time registered course. The applicant's previous enrolment in a Bachelor of Business was cancelled due to non-payment of fees. While the applicant provided a detailed account of his educational history, including struggles with homesickness, financial difficulties exacerbated by COVID-19, and attempts to change courses, these circumstances did not negate the fact of his non-enrolment. The Tribunal considered these matters in its exercise of discretion but concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.