Vidanage (Migration)

The Administrative Appeals Tribunal considered the case of Vidanage, an applicant whose Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of their visa. Specifically, the Tribunal had to ascertain whether the applicant was enrolled in a registered course between 20 June 2016 and 4 April 2017, the period leading up to the delegate's decision to cancel the visa. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Regulations, as their PRISMS record, reviewed with the applicant, indicated they were not enrolled in a registered course during the specified period. The applicant acknowledged this lack of enrolment. While the applicant raised claims of financial hardship due to job loss and family circumstances, and expressed a desire to continue studying in Australia, the Tribunal concluded that these reasons did not constitute a compelling need to remain in Australia. The Tribunal noted the applicant's admission of having "disrespected the law of Australia" in their response to the notice of intention to cancel.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, finding that the breach of the enrolment condition was significant and that no compelling reasons were presented to warrant retaining the visa.