Morampudi (Migration)

This matter concerned an appeal by the applicant, Mr. Morampudi, against the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the ground that the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations, which requires student visa holders to remain enrolled in a registered course. The Minister's delegate had found that the applicant was not enrolled in a registered course after his enrolment in a Master of Information Technology at James Cook University was cancelled on 7 August 2017.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of his visa. If a breach was established, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, having regard to the matters raised by the applicant and relevant government policy guidelines. The applicant conceded that he was not enrolled in a registered course from 7 August 2017 onwards, thereby admitting a breach of condition 8202.

The Tribunal found that the applicant had indeed failed to comply with condition 8202. In considering the exercise of discretion, the Tribunal noted the applicant's explanation for his non-enrolment, which included alleged heart problems, travel to India, the death of his grandfather who was responsible for his fees, and subsequent difficulties accessing funds. However, the Tribunal also noted that the applicant provided no evidence of his grandfather's death and that he had indicated he had no further heart problems after returning from India. The Tribunal affirmed the delegate's decision to cancel the visa.