Myoorakumar (Migration)

This matter concerned the review of a decision by the Department of Home Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant, a 23-year-old male citizen of Sri Lanka, had been granted the visa to undertake study in Australia. The Department initiated cancellation proceedings after PRISMS records indicated the applicant had not been enrolled in a registered course since September 2022, potentially breaching condition 8202 of the Migration Regulations 1994. Despite extensions, the applicant failed to provide a response to the Notice of Intention to Consider Cancellation, leading the delegate to affirm the cancellation. The applicant subsequently sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(a) of his visa, which requires the holder to be enrolled in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances surrounding the breach. The applicant argued that difficulties with online study, anxiety, and pressure from his family constituted circumstances beyond his control, and that he had only recently become aware of potential mental health issues.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a full-time registered course. While acknowledging the applicant's stated difficulties with online study and anxiety, the Tribunal found these were not circumstances beyond his control. The applicant had paid his fees but had not undertaken coursework or attended lectures, either online or in person. He had not sought assistance with his studies until shortly before the Tribunal hearing, and had not sought any medical treatment or counselling prior to that time. The Tribunal noted that the applicant had previously obtained a deferral of studies for compassionate or compelling reasons, but had not taken similar steps in 2022 when he experienced anxiety. The Tribunal concluded that the grounds for cancellation outweighed the reasons not to cancel the visa.

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