GANUGAPATA (Migration)

This matter concerned an appeal by the applicant, a holder of a Student (Temporary) (Class TU) Subclass 573 visa, against the cancellation of his visa by the Department of Immigration. The primary dispute revolved around whether the applicant had breached condition 8202 of his visa, which mandates enrolment in a registered course and satisfactory academic progress and attendance. The applicant had not responded to the Notice of Intention to Consider Cancellation, and the delegate subsequently cancelled his visa on the basis that he was not enrolled in a registered course from 19 July 2017.

The Tribunal was required to determine two key issues: first, whether the applicant had breached condition 8202 of his Student visa, and second, if a breach was established, whether the discretion to cancel the visa should be exercised. Condition 8202, as relevant, required the applicant to be enrolled in a registered course and to achieve satisfactory course progress and attendance as certified by his education provider.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) of his Student visa, as he was not enrolled in a registered course between 19 July 2017 and 4 December 2017. While the applicant presented evidence of subsequent enrolments and cited personal difficulties, including emotional instability and family bereavement, the Tribunal noted inconsistencies in his evidence regarding his ability to pay fees and his awareness of outstanding payments. Considering the cumulative evidence, including the applicant's admission of non-compliance and the history of his academic pursuits, the Tribunal concluded that the grounds for cancelling the visa outweighed the grounds for its retention. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.