JERIPOTHULA (Migration)

This matter concerned an appeal against the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant, Mr Jeripothula, sought to have the decision to cancel his visa reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether the discretion to cancel the visa should be exercised. Section 116(1)(b) permits the Minister to cancel a visa if the holder does not comply with a condition of their visa. In this case, the relevant condition was 8516, which requires the visa holder to continue to satisfy the primary criteria for the grant of the visa.

The Tribunal found that the ground for cancellation was established because the applicant had ceased to be enrolled in a Higher Education Sector course, thereby failing to comply with condition 8516. The applicant had provided evidence of enrolment in various courses, but it was conceded that his academic progress had been inconsistent, and he had not continued with some of these courses. In exercising its discretion, the Tribunal considered the applicant's stated purpose of studying in Australia, his non-compliance with visa conditions, and the potential hardship he might face. However, the Tribunal also noted the availability of education and work opportunities in the applicant's home country and concluded that the circumstances warranted the cancellation of the visa.

Accordingly, the Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.