SELLAPPERUMAGE (Migration)

The Administrative Appeals Tribunal considered the case of Sellapperumage, who was the holder of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The dispute concerned the cancellation of Sellapperumage's visa due to an alleged breach of visa conditions. The Tribunal, presided over by Senior Member Rachel Westaway, was tasked with determining whether the decision to cancel the applicant's visa should be affirmed.

The primary legal issue before the Tribunal was whether Sellapperumage had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires visa holders to be enrolled in a registered course of study. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that Sellapperumage had not been enrolled in a registered course for a period of seven months, thereby failing to comply with condition 8202(2). While Sellapperumage presented reasons for this non-compliance, including financial difficulties and family illness, the Tribunal concluded that these did not constitute exceptional circumstances warranting an exception. The Tribunal also noted that Sellapperumage had not studied since his visa was cancelled, despite having had the opportunity to enrol in a new course. Consequently, the Tribunal affirmed the decision to cancel Sellapperumage's visa.