Zhao (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which governs the conduct of student visa holders.

The Tribunal was required to determine if the applicant had complied with condition 8202, specifically whether they had been enrolled in a registered course and had achieved satisfactory academic progress. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not been enrolled in a registered course between December 2016 and August 2017, which was admitted by the applicant. This constituted a breach of condition 8202(2). In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's academic history, which demonstrated a pattern of poor academic performance in their Bachelor of Engineering course, leading to their indefinite exclusion from the educational institution. Despite the applicant attributing their academic difficulties to personal circumstances, the Tribunal concluded that the visa cancellation should be affirmed.