Puttapati (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute arose because the applicant was not enrolled in a full-time registered course of study for a significant period, from July 2018 to January 2020. The applicant had previously completed a master's degree in 2016 and had his enrolment in a lower-level course cancelled by his education provider.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course and to maintain satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by failing to maintain enrolment in a full-time registered course for nearly 18 months. The applicant acknowledged grounds for cancellation. In considering the discretion to cancel, the Tribunal assessed the applicant's stated intention to study management courses to establish a business in India. However, the Tribunal was not satisfied that the applicant had demonstrated a compelling need to remain in Australia, noting his existing tertiary qualifications and work experience, and the lack of specific details regarding his future career plans. The Tribunal concluded that the failure to maintain enrolment was a fundamental breach of a student visa and, considering all circumstances, affirmed the decision to cancel the applicant's visa.