Bamunu Arachchige (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Bamunu Arachchige, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The cancellation was based on the ground that he was not enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Mr. Bamunu Arachchige had complied with condition 8202 of his visa. This condition requires the visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. If a breach of this condition was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to various factors including the applicant's circumstances and departmental guidelines.

The Tribunal found that Mr. Bamunu Arachchige had not complied with condition 8202(2) as his enrolment had been cancelled on 29 August 2018. In considering the discretion to cancel the visa, the Tribunal examined the applicant's stated reasons for his lack of enrolment, including academic difficulties, concerns about his brother's drug dependency, and mental health issues. However, the Tribunal found the applicant's evidence regarding these matters to be unconvincing, particularly his explanations for not seeking professional help for his alleged depression and his inconsistent accounts of when his enrolment was cancelled. The Tribunal concluded that there were no circumstances beyond the applicant's control that caused him to abandon or fail to return to his studies.

Consequently, the Tribunal affirmed the decision to cancel Mr. Bamunu Arachchige's visa.