Kaur Bali Selvarajah (Migration)

This matter concerned an appeal by Kaur Bali Selvarajah against the cancellation of her Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose because the applicant was no longer enrolled in a registered course of study, which constituted a ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth). The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa, considering all relevant circumstances and government policy.

The Tribunal found that the applicant had breached condition 8202(2)(a) of her visa, as she had not been enrolled in a registered course since 18 August 2015, when her enrolment in a Bachelor of Science course was cancelled due to unsatisfactory course progress. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. The applicant's migration agent provided information regarding family issues that led to her distraction from studies, missed enrolment deadlines, and subsequent refusal by the university to allow re-enrolment in the same course. The applicant also presented a Letter of Offer for a Diploma of Business and an Associate Degree of Business to commence in February 2017.

Despite acknowledging the seriousness of visa cancellation and considering the applicant's explanations, including family problems and mental health struggles, the Tribunal ultimately affirmed the decision to cancel the visa. The Tribunal weighed the circumstances cumulatively and concluded that, on balance, cancellation was the appropriate outcome. The applicant's extended period of non-enrolment and limited evidence of attempts to re-enrol were significant factors in this determination.