Ranthilakage (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by the applicant. The dispute arose because the applicant failed to maintain enrolment in a full-time registered course for an extended period, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether to exercise its discretion to cancel the visa, considering any extenuating or compassionate circumstances.

The Tribunal found that the applicant had breached condition 8202(2)(a) of his visa, as evidenced by information from the Provider Registration and International Students Management System (PRISMS) showing no enrolment in a registered course between 21 January 2021 and 4 July 2022. However, the ground for cancellation did not mandate mandatory cancellation, allowing the Tribunal to consider its discretion. In exercising this discretion, the Tribunal had regard to the applicant's explanations for the period of non-enrolment, which included difficulties with his initial nursing studies, a subsequent termination letter from his university, the onset of the COVID-19 pandemic leading to border closures and study disruptions, urgent surgery, a motor vehicle accident resulting in physical and psychological impacts, and financial difficulties due to sanctions imposed by Sri Lanka on overseas money transfers.

The applicant provided evidence of his medical conditions, the motor vehicle accident, and his subsequent referral for PTSD treatment and physiotherapy. He also submitted new Confirmation of Enrolments for courses in Commercial Cookery and Hospitality Management, along with a statement of purpose indicating a genuine intention to pursue a new career path in the culinary industry, supported financially by his sister and brother-in-law. The Tribunal weighed these circumstances against the breach of the visa condition. On balance, and considering the totality of the applicant's situation, the Tribunal concluded that the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's Subclass 500 (Student) visa.