Dayapally (Migration)

This matter concerned an appeal by the applicant against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant had been enrolled in a Master's degree program in Australia with the intention of enhancing their career prospects in India.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of their visa, specifically condition 8202(2) which requires a student visa holder to be enrolled in a registered course. If non-compliance was found, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course for a substantial period. While the Tribunal acknowledged the applicant's genuine motivation to study and the fact that they had completed more than half of their Master's degree, it found that the applicant had failed to provide substantiated reasons for their non-payment of tuition fees and subsequent non-enrolment. Despite the applicant being a genuine student, the Tribunal concluded that the substantial period of non-compliance with a critical visa condition, coupled with a lack of credible extenuating circumstances, outweighed the favourable factors. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.