Zhao (Migration)

The Administrative Appeals Tribunal considered the case of Ms Zhao, who sought review of the Minister's decision to cancel her Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa. The cancellation was based on the Minister's satisfaction that Ms Zhao had breached a condition of her visa by not maintaining enrolment in a registered course that met the criteria for her visa subclass.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to assess if Ms Zhao had complied with condition 8516, which mandates that a visa holder must continue to satisfy the criteria for the grant of their visa, including maintaining enrolment in a qualifying course of study.

The Tribunal found that Ms Zhao had failed to maintain enrolment in a course that met the requirements for her Subclass 573 visa. While initially enrolled in a Bachelor of Business, her enrolment in that course was cancelled, and she subsequently enrolled in lower-level courses, including a Diploma of Accounting which was later cancelled due to non-payment of fees. The Tribunal concluded that these actions constituted a breach of condition 8516, as she was no longer enrolled in a principal course of the type specified for her visa subclass. Despite considering Ms Zhao's submissions and her intention to study a different course, the Tribunal determined that the circumstances warranted the affirmation of the visa cancellation decision.