LULBADDA WADUGE DON (Migration)

The Administrative Appeals Tribunal considered the case of Lulbadda Waduge Don, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The dispute arose from the applicant's prolonged and continuing poor academic performance and attendance, leading to allegations that he was not a genuine student and had engaged in conduct not contemplated by his visa.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(fa)(i) of the Migration Act 1958 (Cth) existed, specifically whether the applicant was not, or was likely not to be, a genuine student. If this ground was established, the Tribunal then had to consider whether, in the exercise of its discretion, the applicant's visa should be cancelled, having regard to all relevant circumstances.

The Tribunal found that the ground for cancellation under section 116(1)(fa)(i) was made out. While acknowledging that the applicant presented some explanations for his academic struggles and absences, the Tribunal concluded that these did not sufficiently account for his prolonged poor performance and attendance. The Tribunal noted that the applicant had been advised on multiple occasions to seek support from university services, and that the circumstances leading to the cancellation were not entirely beyond his control. Considering the applicant's stated intentions and his father's financial investment in his studies, the Tribunal found these factors did not outweigh the established ground for cancellation.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that the circumstances did not weigh in favour of the applicant.