Migration Review Tribunal decisions in student visa cancellation appeals: Sympathy, hardship and exceptional circumstances

This article examines the decisions of the Migration Review Tribunal (now the
Administrative Appeals Tribunal) in relation to appeals of student visa cancellations. It draws on a 2010–11 study of appealed cases, and discusses both quantitatively and qualitatively the appeals and the decisions. The study builds on literature surrounding the regulation of migration and non-citizens within national borders by analysing the regulation of international students who occupy a hybrid space or status: as desired economic migrants and as non-citizens subject to strict migration enforcement if they breach visa conditions. The findings point to inconsistencies in decision-making, concerns regarding the internal processes of some education institutions and a broader concern with regard to how, or if, students are supported to appeal visa cancellations.