Echavarria Jaramillo (Migration)

This matter concerned the review of a decision by the Department of Home Affairs to cancel the Student (Temporary) (Class TU) visa, subclass 500, held by Echavarria Jaramillo. The applicant had breached visa condition 8202, specifically by failing to maintain enrolment in a registered course of study and by not achieving satisfactory course progress. The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered the applicant's submissions, which included that COVID-19 lockdowns had impacted her ability to study and enrol, and that her visa cancellation would cause emotional distress to her autistic sister in Australia. The applicant also provided a letter of offer for a new course. However, the Tribunal noted that the applicant's enrolment history showed multiple course cancellations, including due to unsatisfactory course progress and non-commencement of studies, with the most recent cancellation occurring on 22 September 2021. The Tribunal found that the breaches did not occur in circumstances beyond the applicant's control.

Applying the principles of section 116(1)(b) of the Migration Act, the Tribunal was satisfied that the ground for cancellation existed. In exercising its discretion, the Tribunal weighed the circumstances of the case, including the applicant's stated reasons and her commitment to future study, against the repeated breaches of her visa conditions. On balance, the Tribunal concluded that the visa should be cancelled.

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