BODAPATI (Migration)

This matter concerned an appeal by the applicant against the cancellation of his Student (Temporary) (Class TU) visa, subclass 500, by a delegate of the Minister. The cancellation was based on the applicant's alleged breach of condition 8202 of the Migration Regulations, which requires a visa holder to remain enrolled in a registered course of study. The applicant had withdrawn from his Master's course and was found not to be a genuine student. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had breached condition 8202 and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal first considered whether the applicant had complied with condition 8202. The delegate found that the applicant was not enrolled in a registered course from 20 January 2017 to 15 September 2017. The applicant admitted this fact, and the Tribunal found, on the evidence before it, that the applicant had indeed not been enrolled in a registered course during that period, thereby failing to comply with condition 8202. The Tribunal then turned to consider its discretion to cancel the visa, noting that while no specific matters were mandated for consideration, it had regard to the applicant's submissions and government policy guidelines.

The applicant had explained that he commenced his studies in mid-2014 but suffered injuries in a motor vehicle accident in August 2014, which led to him failing his first trimester examinations. He was unable to afford to repeat the semester and did not study between September 2014 and May 2015. The Tribunal also noted information from the PRISMS system indicating the applicant's enrolment was cancelled in April 2015 for disciplinary reasons and that he was suspended from James Cook University for three years, information the applicant claimed he was unaware of. The applicant stated he ceased studying due to a lack of interest in his chosen field and a preference for management, despite holding a degree in computer science and engineering. The Tribunal affirmed the delegate's decision to cancel the visa.