Zhang (Migration)

This matter concerned an application by Mr Zhang for review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The applicant had been enrolled in a registered course of study in Australia. The delegate of the Minister formed the view that the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth) by ceasing enrolment in a registered course.

The Tribunal was required to determine whether the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the applicant had maintained enrolment in a full-time registered course and whether he had achieved satisfactory course progress and attendance, as required by the condition. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The applicant conceded that he was not enrolled in a registered course from March 2022 until the delegate's decision. The Tribunal found that this failure to maintain enrolment constituted a breach of condition 8202(2)(a). In considering the exercise of discretion, the Tribunal had regard to the applicant's extensive submissions detailing his difficulties since arriving in Australia, including issues with academic performance, adjustment to Australian society, health concerns, and university responses. Despite these circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.