GUDIVADA (Migration)

The applicant, a holder of a subclass 573 Student (Temporary) visa, sought review of the delegate's decision to cancel his visa. The cancellation was based on the applicant's alleged breach of condition 8202 of the Migration Regulations 1994, specifically by failing to be enrolled in a registered course of study from 24 April 2016. The applicant had initially enrolled in a Master of Business Administration course, but his enrolment ceased on 24 April 2016, and he remained in Australia without being enrolled until the visa cancellation on 14 March 2017.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2) of his visa by failing to maintain enrolment in a registered course of study. If this breach was established, the Tribunal was then required to consider whether, in the exercise of its discretion, the visa should be cancelled, having regard to the circumstances of the case and any submissions made by the applicant.

The Tribunal determined that the applicant had indeed breached condition 8202(2) as he was not enrolled in a registered course of study for an extended period. While the applicant had previously informed the Department of a period of illness in India and its impact on his studies, he failed to provide any corroborating evidence to the Tribunal in response to its invitation for further information. The Tribunal found that the claimed illness did not sufficiently explain the prolonged period of non-compliance. Furthermore, the Tribunal gave no weight to the applicant's submissions regarding financial hardship and the unfulfilled dream of acquiring managerial skills, as these were considered consequential to his own conduct in failing to comply with visa conditions.

Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's visa. The applicant was not entitled to a hearing before the Tribunal due to his failure to provide additional information as requested, and the Tribunal proceeded to make its decision based on the available material.