Madige Muhamdiramlage Mohamed Rasdeen (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by Madige Muhamdiramlage Mohamed Rasdeen. The applicant, a citizen of Sri Lanka, sought to study IT in Australia but faced significant academic difficulties and personal challenges.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of his visa, specifically condition 8202(2) which requires a student visa holder to be enrolled in a registered course. If a breach of a visa condition was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant was not enrolled in a registered course, thereby failing to comply with condition 8202(2). While acknowledging the applicant's evidence of mental health issues, including anxiety, depression, and OCD, and the personal difficulties he experienced, the Tribunal concluded that these circumstances did not negate the non-compliance. The Tribunal considered the applicant's poor academic progress at both Charles Sturt University and the Victorian Institute of Technology, noting the lack of documentary evidence to support his claims regarding deferrals and fee negotiations. Applying the relevant provisions of the Migration Regulations 1994, the Tribunal determined that the applicant's visa ought to be cancelled.

The Tribunal affirmed the decision to cancel the applicant's visa.