Arumalla (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant, Mr Arumalla, had been granted this visa to undertake a course of study in Australia.

The primary legal issues before the Tribunal were whether the applicant had failed to maintain enrolment in a registered course, and whether the Minister had correctly applied the relevant legislative provisions when cancelling the visa. Specifically, the Tribunal had to determine if the applicant had breached the conditions of their visa by not being enrolled in a course and by failing to pay course fees, and if these breaches warranted visa cancellation.

The Tribunal affirmed the delegate's decision to cancel the visa. It found that the applicant had not provided evidence of ongoing enrolment or payment of fees, and had failed to attend the hearing to present their case. Applying the principles of administrative law and the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, the Tribunal concluded that the applicant had failed to satisfy the requirements for maintaining their student visa. The Tribunal was satisfied that the applicant had been notified of the potential cancellation and given an opportunity to respond, which they failed to do.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant's visa remained cancelled.