Zhong (Migration)

The Administrative Appeals Tribunal considered the case of a student visa holder whose visa was cancelled. The applicant, who held a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, had ceased studying and remained in Australia while applying for a different visa. The applicant argued that cancellation would cause hardship and disappointment to her family, and she lacked sufficient funds for enrolment.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not complied with condition 8202(2) as she was not enrolled in a registered course from 2 June 2016 until her visa was cancelled on 27 February 2017. While the applicant explained her failure to enrol was due to failing subjects and seeking a visa extension, and that she was attempting to secure funding for a business visa application, the Tribunal noted these circumstances raised concerns about her genuine intention to study. The Tribunal considered the applicant's submissions regarding hardship and her intention to apply for a business visa, but ultimately concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.