PORAWAKA ARACHCHIGE (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by Porawaka Arachchige. The dispute arose because the visa holder was not enrolled in a registered course, which is a requirement for maintaining such a visa. The Tribunal was tasked with determining whether the cancellation of the visa was justified and whether any discretion should be exercised in favour of the applicant.

The primary legal issue before the Tribunal was whether the applicant had met the requirements of Schedule 8, clause 8202(2)(a) of the Migration Regulations 1994, which mandates enrolment in a registered course for the holder of a Student visa. The Tribunal also considered whether the cancellation would breach Australia's international obligations, such as those concerning the best interests of children or non-recoupment principles, and whether any other relevant matters, including the applicant's stated intention to work rather than study, weighed against affirming the cancellation.

The Tribunal reasoned that the legislative requirement to be enrolled in a registered course was clear and that the applicant had failed to meet this criterion. It found that the circumstances of the case did not engage Australia's international obligations. Furthermore, the applicant's request for a Working Graduate Visa (485) was interpreted as evidence that her purpose of stay had shifted from study to employment, which weighed against her application. After considering all the evidence and submissions, the Tribunal concluded that the visa cancellation was appropriate.

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