The contents of this article are correct as at 9 February 2012.
Visa Lawyers Australia was successful in assisting a student who had their student visa cancelled on account of a breach of Condition 8202. The cancellation of the visa was set aside and the student visa was reinstated.
The case of Ms Min Kyoung Bang 1103848, 3 February 2012, was heard by the Migration Review Tribunal (MRT) and has yet to be published.
The case involved the student’s failure to meet academic performance requirements.
The law provides that a student who breaches Condition 8202 due to exceptional circumstances beyond their control, should not have their student visa cancelled.
The facts of the case were as follows:
- At the time of visa cancellation, the student had resided in Australia for over 13 years on a series of student visas and had completed high school, and almost completed her Bachelor degree at the University of New South Wales.
- Following the death of her Australian grandmother, the student had to look after her widower grandfather due to his numerous medical conditions and deteriorating health. The grandfather was incapable of looking after himself and required continuous care, assistance and supervision.
- Over the years, the responsibility of having to care for her grandfather was overwhelming, sustained and impacted significantly on her studies. This is evident in that the student failed the only subject she was enrolled in Semester 2, 2010 (which led to the University issuing the student a suspension notice and subsequently a section 20 “breach” Notice)
- Even though there were counselling services and perhaps other publicly funded resources available to the student and/or her grandfather, the student felt obligated to provide care to her grandfather.
- The student’s circumstances also prevented her from lodging an internal University appeal within time.
The success of the review hinged on understanding the student’s family and personal circumstances, as well as her frame of mind.
The collection, assessment and presentation of the evidence were critical to showing the unusual circumstances beyond the student’s control.
While each case will be decided on its individual merits, preparation and presentation are important factors in the success of a Tribunal application to set aside the cancellation of a student visa. This is also true in situations where an education provider is undertaking an internal appeal or DIAC is considering whether to cancel a student visa for breach of Condition 8202.
We have successfully assisted many international students in such circumstances.
If your student visa has been cancelled or DIAC is threatening to cancel your student visa, and you would like assistance, please click this link to contact Visa Lawyers Australia.