Ravindran (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), was subject to cancellation. The dispute centred on whether the applicant had breached a condition of their visa by failing to remain enrolled in a registered course of study.

The Tribunal was required to determine if the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to assess whether the applicant had complied with condition 8202(2)(a) of their visa, which mandates enrolment in a registered course.

The Tribunal found that the applicant had breached condition 8202(2)(a) as they had not been enrolled in a registered course since 12 November 2015, following the cancellation of their Bachelor of Science enrolment due to non-commencement of studies, and prior cancellation of a preparation course. Despite the applicant's explanation regarding financial hardship affecting his father's ability to provide support, and his desire to study different fields, the Tribunal concluded that these circumstances did not outweigh the grounds for cancellation. The applicant's failure to respond to the Notice of Intention to Consider Cancellation and the significant delay in seeking alternative study options were also considered. The Tribunal affirmed the decision to cancel the applicant's visa.