Student Visa Cancellation Prevented Despite Enrolment Breach

Visa TypeSubclass 573

CategoryStudent Visa

Case Summary

A student on a Subclass 573 visa received a notice of intention to cancel after his college cancelled his enrolment without notifying him, compounded by depression, course uncertainty, and financial hardship. We successfully argued against cancellation and his visa was retained.

Background

The applicant held a Subclass 573 Student visa, which required him to be enrolled in a registered course of study at all times. He received a Departmental notice of intention to cancel his visa due to a breach of this condition. Several compounding circumstances had led to the enrolment lapse: the applicant had been suffering from depression, anxiety, and stress; he had been uncertain about whether to change courses, having already invested significant time and money, and was unsure how a course change would affect his visa — concerns that caused him to press on with a course in which he was struggling both academically and personally. His financial position had also deteriorated, partly because he was financially supporting his family in his home country. Unable to pay the fees for the following semester, the college cancelled his enrolment — and crucially, failed to notify him that they had done so.

Challenges

Enrolment condition breach triggered the notice of intent to cancel under standard condition requirements
College cancelled the enrolment without notifying the applicant, leaving him unaware of the breach
Applicant was dealing with depression, anxiety, and academic struggles simultaneously
Financial hardship — including remitting funds to family overseas — left the applicant unable to pay semester fees

How We Helped

We submitted that the combination of the applicant's mental health difficulties, financial hardship, genuine desire to study, and the college's failure to notify him of the enrolment cancellation amounted to sufficient grounds not to cancel his visa. We also highlighted that the applicant had already enrolled in a new course and paid the first semester fees, meaning a visa cancellation would cause him to forfeit that money and his educational pathway.

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Key Success Factors

Detailed submission linking the enrolment lapse to the college's failure to notify the applicant
Evidence of depression, anxiety, and the compounding personal pressures contributing to the circumstances
Demonstration that the applicant had already taken steps to re-enrol and continue studying
Financial evidence showing the hardship that would result from cancellation and loss of paid fees

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Outcome

The Department accepted our submission and the cancellation of the Subclass 573 student visa was not proceeded with. The applicant was able to continue his studies in Australia.

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