Rumba Lama (Migration)

The applicant, Rumba Lama, sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the applicant's enrolment in a higher education course ceasing, his inability to secure a place at his original institution, and concerns regarding his academic progress and changes in his course of study. The matter was heard by Amanda Pearson.

The primary legal issues before the court were whether the applicant had a compelling need to travel to or remain in Australia, and whether the cancellation of his visa was justified. Specifically, the court had to consider if the applicant's stated intentions to pursue vocational courses and ultimately establish a business in Nepal constituted a compelling reason to remain in Australia, despite the changes in his educational pathway.

The court considered the applicant's stated intention to obtain an overseas higher education qualification to make his family proud and to fulfil his dream of opening a restaurant in Nepal. The applicant had initially enrolled in a Bachelor of Tourism and Hospitality Management but did not complete it due to the institution's inability to provide a place. He then completed a Diploma of Leadership and Management and enrolled in the Bachelor degree again, but failed a subject and decided to pursue cookery instead. He was undertaking a Certificate III in Commercial Cookery and intended to complete further vocational qualifications with the ultimate goal of opening a restaurant in Nepal. The court noted that the applicant's family resided in Nepal and he had no family in Australia.