Chandrasekara (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Chandrasekara, who held a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute arose from the cancellation of his visa by the Department of Home Affairs on the grounds that he was not enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994. The Tribunal was also asked to consider the case of a second applicant, Mrs. Wanasundara, though it later determined it lacked jurisdiction in her matter.

The primary legal issue before the Tribunal was whether Mr. Chandrasekara had breached condition 8202 of his visa, which requires a holder to be enrolled in a registered course. If a breach was established, the Tribunal then had to determine whether to exercise its discretion under section 116(1) of the Migration Act 1958 to cancel the visa, considering any compelling and compassionate factors presented by the applicant. The Tribunal was required to assess the applicant's stated reasons for non-compliance, including personal, relationship, and family issues, and his treatment for stress and anxiety.

The Tribunal found that Mr. Chandrasekara had indeed breached condition 8202 as he had not been enrolled in a registered course since 21 November 2016. Despite the applicant providing reasons for this non-compliance, including significant personal stress and anxiety, the Tribunal concluded that these factors did not outweigh the breach of the visa condition. The Tribunal noted that the applicant had left Australia with his wife and had since separated, and that he had no current plans to return or study. Given that the purpose of a student visa is to pursue educational qualifications, and the applicant indicated he was unfit to study and had no valid enrolment, the Tribunal found no reason for him to retain the visa. The Tribunal also considered that the applicant stated he would suffer no hardship if the visa were cancelled, as he was employed in his home country.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Chandrasekara's Subclass 573 visa. The Tribunal also determined that it had no jurisdiction with respect to the second applicant, Mrs. Vindya Yashani Asmini Wanasundara.