Gurram (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa. The applicant, Mr. Gurram, held a visa for the purpose of undertaking a Master of Information Technology course. The cancellation was based on the ground that the applicant had breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course. The Administrative Appeals Tribunal (AAT) considered whether the applicant had complied with condition 8202 and, if not, whether to exercise its discretion to cancel the visa.

The primary legal issue before the Tribunal was whether the applicant had contravened condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach was established, the Tribunal was then required to consider whether to exercise its discretion under section 116(1) of the Migration Act 1958 to cancel the visa, taking into account relevant factors.

The Tribunal found that the applicant had not complied with condition 8202(2) as his enrolment at Charles Sturt University was cancelled on 30 May 2018 due to non-payment of fees, and he remained unenrolled thereafter. In considering the exercise of discretion, the Tribunal gave significant weight to the applicant's stated primary purpose for remaining in Australia, which was to support his wife who was also studying in Australia, rather than to study himself. While acknowledging the applicant's explanation for the non-payment of fees, namely his mother's illness, the Tribunal noted his failure to re-enrol or formally appeal his enrolment cancellation. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.