yu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 572 visa was cancelled. The dispute centred on whether the applicant had breached a condition of her visa, leading to its cancellation.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had remained enrolled in a registered course of study as required by that condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found, based on the applicant's own admission and the evidence before it, that she had not been enrolled in a registered course from 13 July 2016. This constituted a breach of condition 8202(2) of the Migration Regulations. Despite acknowledging the applicant's circumstances, including the birth of her child with an Australian citizen, experiencing domestic violence, and living in a women's refuge, the Tribunal concluded that these factors did not negate the breach of the enrolment condition. The Tribunal affirmed the decision to cancel the applicant's visa, but referred the case for ministerial intervention.