EEDULAKANTI (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the applicant's non-commencement and subsequent cancellation of his registered course of study. The applicant argued that he experienced pressure from his studies and moved to live with a relative, and that he subsequently enrolled in a lower-level course with the intention of progressing to his original level, though he did not commence this study.

The primary legal issue before the Tribunal was whether the discretion to cancel the applicant's visa should be exercised, given that the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) had been established. This required the Tribunal to consider various factors, including the purpose of the applicant's stay, his compliance with visa conditions, and the potential hardship he might face.

The Tribunal found that the applicant had made minimal effort to pursue his studies over the four years he had been in Australia, having left his initial Master's course shortly after arrival and attending only one day of classes. While acknowledging the applicant's stated desire to obtain a Master's degree and the potential stress of returning to India without one, the Tribunal weighed this against his lack of practical effort towards his studies. The Tribunal also noted that while the applicant had complied with other visa conditions, his failure to comply with Condition 8516, which relates to the ongoing purpose of the visa, was significant. Ultimately, the Tribunal concluded that the circumstances favoured the cancellation of the visa.