Ratnarajah Danforth (Migration)

The Administrative Appeals Tribunal considered the case of Ratnarajah Danforth concerning the cancellation of his Student (Temporary) (Class TU) visa, Subclass 500. The dispute arose from the applicant's alleged breach of a visa condition requiring him to remain enrolled in a registered course. The delegate of the Department of Immigration and Border Protection had decided to cancel the applicant's visa, and this decision was under review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(a) of the Migration Regulations 1994, which mandates that a student visa holder must remain enrolled in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances presented by the applicant.

The Tribunal found that the applicant was not enrolled in a registered course for approximately 12 months, from 17 October 2017 to 16 October 2018, thereby breaching condition 8202(2)(a). In considering the discretion to cancel the visa, the Tribunal heard evidence from the applicant regarding homesickness, difficulties with his education provider, two car accidents resulting in injury, and subsequent attempts to re-enrol in other institutions. Despite these submissions, the Tribunal was satisfied that the applicant's visa should be cancelled. The Tribunal affirmed the delegate's decision to cancel the applicant's visa.