BOLLAM (Migration)

This matter concerned an appeal by Mr. Bollam, the holder of a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, against the cancellation of his visa. The visa was cancelled on the basis that Mr. Bollam had breached condition 8202 of the Migration Regulations 1994 by ceasing to be enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether Mr. Bollam had breached condition 8202 of his visa, and if so, whether the discretion to cancel his visa should be exercised. Condition 8202 requires a visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. The Tribunal was required to determine if Mr. Bollam's enrolment status constituted a breach of this condition and, if a breach was found, to consider the circumstances surrounding the breach and the applicant's personal situation in deciding whether to uphold the cancellation.

The Tribunal found that Mr. Bollam had indeed not complied with condition 8202(2) as he was not enrolled in a registered course at the time of the cancellation decision. However, in exercising its discretion regarding cancellation, the Tribunal had regard to the compelling circumstances presented by Mr. Bollam. These included significant temporary financial hardship experienced by his parents, who were funding his studies, due to the closure of their family business. Evidence was presented demonstrating that this financial difficulty had impacted his ability to maintain enrolment and respond to the Notice of Intention to Cancel. The Tribunal also noted that Mr. Bollam had completed a substantial portion of his Master's degree and expressed a strong desire to complete his studies to improve his future employment prospects in India.

Consequently, the Tribunal set aside the decision to cancel Mr. Bollam's visa and substituted a decision not to cancel it, allowing him to continue his studies.