Lander Bonillo (Migration)

This matter concerned an appeal by Cesar Lander Bonillo against the cancellation of his Subclass 572 (Vocational Education and Training Sector) student visa. The Department of Home Affairs had cancelled Mr. Bonillo's visa on the grounds that he was not a genuine student, having failed to maintain enrolment in his course of study. Mr. Bonillo contended that his non-attendance was due to psychological distress stemming from his employment and his past traumatic experiences, rather than an intention to breach his visa conditions.

The Tribunal was required to determine two key issues: first, whether the ground for cancellation, namely that Mr. Bonillo was not a genuine student, was established; and second, if that ground was established, whether the discretion to cancel the visa should be exercised. In support of his claims, Mr. Bonillo provided a psychologist's report detailing his anxiety, helplessness, and impaired decision-making due to work stress and his past history of trauma in Venezuela. The report also noted his concerns about the potential revocation of his visa.

The Tribunal acknowledged the significant emotional, financial, and psychological hardship that cancellation would impose on Mr. Bonillo and his family. However, after considering all the circumstances, the Tribunal concluded that the factors favouring cancellation outweighed those against it. The Tribunal affirmed the decision to cancel Mr. Bonillo's visa.