Veeramaneni (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by the applicant, Mr Veeramaneni. The dispute arose because the applicant was alleged to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a full-time registered course.

The Tribunal was required to determine whether the applicant had complied with condition 8202, which mandates enrolment in a full-time registered course, maintaining enrolment at the same or higher Australian Qualifications Framework level, and achieving satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, despite the breach not triggering mandatory cancellation.

The Tribunal found that the applicant had breached condition 8202(2)(a) as the Provider Registration and International Students Management System (PRISMS) indicated no enrolment from 3 June 2021 to 5 July 2022. While acknowledging the applicant's explanation regarding the impact of COVID-19 travel restrictions, interstate lockdowns, and difficulties in re-enrolling due to college closures and admission requirements, the Tribunal concluded that these circumstances did not excuse the breach. The Tribunal noted that the applicant had eventually enrolled in a new course, but this did not negate the period of non-enrolment.

On balance, and after considering all the circumstances, the Tribunal affirmed the decision to cancel the applicant's visa.