Brahma (Migration)

The Administrative Appeals Tribunal affirmed the delegate's decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant, Mr. Brahma, had been granted the visa to undertake a Bachelor of Commerce degree. The cancellation was based on the applicant's failure to maintain enrolment in a registered course and his unsatisfactory academic performance. The applicant sought review of this decision, citing a range of personal circumstances including his father's ill health and medical treatment, an arranged marriage that subsequently broke down, and his own mental health concerns, for which he had undergone one psychological consultation.

The Tribunal was required to determine whether, in light of the applicant's personal circumstances, it was reasonable to have cancelled the visa, and if not, whether the cancellation should be set aside. This involved considering the applicant's compliance with the conditions of his visa, particularly those relating to satisfactory academic progress and maintaining enrolment in a registered course, as well as the weight to be given to his mitigating circumstances.

The Tribunal acknowledged the applicant's personal difficulties but found that they did not outweigh the clear breaches of his visa conditions. It noted that the applicant had failed to provide evidence of satisfactory academic performance and had not maintained enrolment in a registered course. While the personal circumstances were considered, the Tribunal concluded that they did not provide a sufficient basis to depart from the delegate's decision, especially as the visa would have expired in any event. The Tribunal applied the principles of administrative review, balancing the applicant's circumstances against the legislative requirements for visa validity.

The Tribunal affirmed the delegate's decision to cancel the applicant's visa.