BODAPATI (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Subclass 500 (Student) visa. The applicant had failed to maintain enrolment in a registered course of study, thereby breaching condition 8202 of the Migration Regulations 1994 (Cth). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had breached this condition and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal was asked to consider whether the applicant had complied with condition 8202, which mandates enrolment in a full-time registered course and maintenance of enrolment at a qualification level no lower than that for which the visa was granted. The applicant admitted that he had not been enrolled in a registered course since 8 June 2018 and that there were grounds for cancellation. The Tribunal found, based on the evidence, that the applicant had not been enrolled in a registered course of study since 20 January 2017, thus establishing a breach of condition 8202(2)(a) and a ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth).

In considering the exercise of discretion, the Tribunal had regard to the applicant's submissions detailing a series of personal difficulties, including a scooter accident, a viral infection, the closure of his educational institution, and the death of his grandmother, which led to depression and psychological distress. Despite these circumstances, the Tribunal found that the applicant had not approached the Department about his issues during the period he was not enrolled. After balancing the applicant's circumstances against the breach of the visa condition, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 500 (Student) visa.