Delpachitra (Migration)

This matter concerned an appeal by the applicant, Mr Delpachitra, against the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The dispute arose because the applicant had not been enrolled in a registered course for a period of approximately 10 months, from 23 August 2017 to 14 June 2018, thereby breaching a condition of his visa. The Administrative Appeals Tribunal was required to consider whether to affirm the delegate's decision to cancel the visa.

The primary legal issue before the Tribunal was whether to exercise its discretion to cancel the applicant's visa, having found that he had failed to comply with a condition of his visa. The Tribunal had to consider all relevant circumstances, including those raised by the applicant and guidance from the Department's Procedures Advice Manual. The applicant's circumstances, including his financial difficulties in meeting course fees, his employment as a chef, and his reliance on family assistance for his current enrolment in a new course, were all matters for consideration.

The Tribunal found that the applicant had indeed not been enrolled in a registered course for a significant period, confirming the basis for cancellation. In exercising its discretion, the Tribunal had regard to the applicant's explanation for his non-compliance, which included financial hardship. However, the Tribunal also noted that the applicant had subsequently enrolled in a new course with financial assistance from his family, including his brothers who were now able to provide support. Despite the applicant's personal circumstances and the fact that he had eventually re-enrolled, the Tribunal affirmed the decision to cancel the visa.