Zhou (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 requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in a registered course of study during the relevant periods, and if not, whether this constituted a breach of the visa conditions that would justify its cancellation under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had not been enrolled in a registered course for significant periods between 2017 and 2018. The applicant admitted to not being enrolled during these times, citing youth and family difficulties as reasons. However, the Tribunal noted that the applicant's subsequent enrolments and cancellations appeared to be motivated by visa requirements rather than a genuine commitment to study, particularly as a new enrolment occurred only after the hearing notice was issued. The Tribunal concluded that the applicant had failed to satisfy condition 8202(2) and, after considering the discretionary factors for cancellation, affirmed the decision to cancel the applicant's visa.