Almencheruvu (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the cancellation of the applicant's Student (Class TU) visa (Subclass 573). The applicant had failed to maintain enrolment in a registered course and had not completed any higher education courses within three years.

The primary legal issues before the court were whether the AAT had erred in its assessment of the applicant's submissions regarding the circumstances that led to the visa cancellation ground arising, and whether the AAT had adequately considered potential breaches of international obligations, including non-refoulement and the best interests of children. The applicant had contended that his failure to pay tuition fees on time was due to demonetisation in India and poor farming conditions affecting his father, and that his course provider, ATMC, had fabricated claims of non-attendance.

The Tribunal found that the applicant's submissions regarding the reasons for non-payment of fees and the alleged fabrication by ATMC were not persuasive. The applicant's evasiveness when questioned about the fabrication claim led the Tribunal to place low weight on this aspect of his case. Furthermore, the Tribunal concluded that there was no indication that cancelling the applicant's visa would breach any international obligations.

The Tribunal affirmed the decision to cancel the applicant's visa.