Naranapiti Pathirannehalage (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by Naranapiti Pathirannehalage (the applicant) against the decision of the Minister for Immigration, Citizenship and Multicultural Affairs (the Minister) to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a ground for cancellation under the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the Minister's decision to cancel the applicant's visa was justified. This required the Tribunal to consider the discretion afforded to the Minister under the *Migration Act* and the *Migration Regulations 1994* (Cth) in relation to visa cancellations, particularly in light of the applicant's circumstances. The Tribunal also had to assess the weight to be given to the applicant's academic history in Australia, including instances of unsatisfactory attendance and non-payment of fees, when determining whether to affirm the cancellation decision.

In its reasoning, the Tribunal acknowledged the applicant's submission that they had been unaware of the requirement to maintain enrolment and had faced financial difficulties. However, the Tribunal found that the applicant had been provided with sufficient information regarding their obligations and that the reasons for non-compliance, including academic performance and fee payment issues, were significant. The Tribunal applied the principles of administrative review, considering all relevant factors and exercising its discretion. It concluded that the grounds for cancellation were established and that the applicant had not provided sufficient mitigating circumstances to warrant setting aside the Minister's decision.

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