Zhou (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by Mr Zhou. The dispute arose because Mr Zhou ceased to be enrolled in a Higher Education Sector course, which the delegate determined meant he no longer satisfied the primary criteria for the grant of his visa, thereby breaching a condition of his visa.

The Tribunal was required to determine whether the ground for cancellation existed under section 116(1)(b) of the Migration Act 1958 (Cth), and if so, whether to exercise its discretion to cancel the visa. The relevant visa condition, 8516, required Mr Zhou to continue to satisfy the primary criteria for the visa, which included being enrolled in a principal course of study specified for the subclass.

The Tribunal found that Mr Zhou's enrolment in a Bachelor of Commerce was cancelled on 7 March 2017, and he had not held subsequent enrolment in a qualifying course. This established the ground for cancellation under s 116(1)(b). In considering the exercise of discretion, the Tribunal noted Mr Zhou's claims of extenuating circumstances, including back pain and subsequent depression and anxiety, which he argued led to his non-enrolment. However, the Tribunal found that the documentary evidence provided, such as medical certificates, did not strongly support these claims, as they related to minor soft tissue sprains and only rendered him unfit to attend school for short periods, with no referrals for further investigation. Consequently, the Tribunal concluded that, on balance, the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr Zhou's Subclass 573 visa.