DEVARAKONDA (Migration)

The Administrative Appeals Tribunal considered the case of Mr Devarakonda, who sought review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The applicant had ceased his studies and was found to be in Australia unlawfully.

The Tribunal was required to determine whether the applicant had breached a condition of his visa, specifically condition 8531 of Schedule 8 to the Regulations, which mandates that a visa holder must not remain in Australia after the end of the permitted period of stay. The Tribunal also had to consider whether, having found a breach, the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had breached condition 8531, as he had remained in Australia unlawfully since his visa was cancelled on 17 November 2017. This finding was based on the applicant's failure to comply with his student visa obligations. The applicant initially stated he stopped studying due to personal relationship issues, but the Provider Registration and International Student Management System (PRISMS) record indicated his enrolment was cancelled due to non-payment of course fees. The applicant admitted to not paying his fees, attributing this to his personal difficulties. The Tribunal noted that a student visa holder is expected to be aware of and comply with visa conditions, and to take reasonable steps to contact their provider and the Department regarding any problems. The applicant stated he was experiencing low mood and depression, but had no diagnosed condition or treatment. The Tribunal affirmed the delegate's decision to cancel the visa.