Perera (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 500 (Student) visa was subject to cancellation. The applicant had failed to maintain enrolment in a registered course of study, thereby breaching condition 8202 of his visa.

The primary legal issue before the Tribunal was whether, in light of the circumstances presented by the applicant, the discretion to cancel his visa should be exercised. The Tribunal was required to consider the applicant's explanation for his non-compliance, which stemmed from significant financial and emotional strain experienced by his family in Sri Lanka due to uncontrollable natural floods and landslides.

The Tribunal reasoned that while the applicant had indeed breached visa condition 8202, the specific circumstances warranted a decision not to cancel his visa. The applicant provided evidence that his family suffered substantial financial losses due to natural disasters, which prevented him from funding his studies and enrolling in a course. The Tribunal found these circumstances to be compelling, leading it to conclude that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 500 (Student) visa.