Maddi (Migration)

The Administrative Appeals Tribunal considered the case of Maddi, a holder of a Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the Department of Home Affairs' intention to cancel Maddi's visa on the grounds that he had ceased to be enrolled in a registered course, thereby failing to comply with visa condition 8202(2)(a).

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether to exercise its discretion to cancel the visa. The applicant provided extensive information in response to the notice of intention to consider cancellation, detailing personal circumstances including the death of his grandmother, travel restrictions due to COVID-19, difficulties with his education provider regarding enrolment and re-enrolment, and the impact of these issues on his mental health.

In its reasoning, the Tribunal acknowledged that the ground for cancellation was established. It then proceeded to consider the exercise of discretion, taking into account the applicant's submissions and relevant departmental procedures. While recognising the seriousness of visa cancellation, the Tribunal weighed the applicant's explanations, including his academic background, the unforeseen difficulties encountered, and his stated intention to comply with visa conditions in the future, against the breach. Ultimately, the Tribunal concluded that, on balance, the circumstances warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel Maddi's Class TU visa.