Zhao (Migration)

The Administrative Appeals Tribunal considered the case of Mr Zhao, the holder of a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute concerned the cancellation of Mr Zhao's visa by the Department of Immigration and Border Protection. The Tribunal was required to determine whether Mr Zhao had breached a condition of his visa and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issue before the Tribunal was whether Mr Zhao had complied with condition 8202 of the Migration Regulations 1994. This condition requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa, having regard to the circumstances presented by Mr Zhao.

The Tribunal found that the evidence before it, including information from the Provider Registration and International Student Management System (PRISM), indicated that Mr Zhao had not been enrolled in a registered course since October 2015, approximately twelve months prior to the visa cancellation. Although Mr Zhao did not attend the hearing, he did not deny this fact. The Tribunal acknowledged Mr Zhao's submissions regarding mental health issues and his subsequent desire to study, but noted the lack of supporting medical evidence. Despite accepting that Mr Zhao might suffer some financial hardship and face limitations on future visa applications, the Tribunal concluded that these factors did not outweigh the breach of the visa condition.

Consequently, the Tribunal affirmed the decision to cancel Mr Zhao's visa.