MITTAKANTI (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Mittakanti, who held a Student (Temporary) (Class TU) visa, Subclass 573. The dispute arose from the cancellation of his visa by the Department of Immigration and Border Protection. Mr. Mittakanti sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Mittakanti had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to maintain satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Mr. Mittakanti had not complied with condition 8202(2) as he was not enrolled in a registered course of study since May 2016, a fact he admitted. While acknowledging Mr. Mittakanti's personal circumstances, including his grandfather's death and his own mental health struggles, the Tribunal noted that he had not approached his education provider to defer his studies or seek support. Furthermore, he had only had one psychological consultation and had not subsequently enrolled or recommenced study. The Tribunal considered these factors, along with the Department's procedural instructions, and concluded that the discretion should be exercised to cancel the visa.

The Tribunal affirmed the decision to cancel Mr. Mittakanti's visa.