Walpita Gamage (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa. The applicant, a 22-year-old Sri Lankan citizen, arrived in Australia in August 2017 to study Information Technology. He ceased studying in February 2018 due to financial difficulties, specifically an inability to pay approximately $3000 in course fees, which led to the cancellation of his Confirmation of Enrolment. He had not been enrolled in any course since March 2018. The applicant attributed his financial hardship to his parents' separation shortly after his arrival, which resulted in the cessation of financial support from his father. He also reported experiencing depression due to his parents' marital breakdown and uncertainty about his living situation if he returned to Sri Lanka. The review was heard by a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's Student (Temporary) (Class TU) visa ought to be cancelled, given his non-compliance with visa conditions by failing to remain enrolled in a registered course and pay his fees. In considering this, the Tribunal was required to exercise its discretion, taking into account various factors including the circumstances of the non-compliance, the purpose of the applicant's stay, his overall compliance with visa conditions, the potential hardship to him and any family members, and his past and present behaviour towards the department. The Tribunal also considered whether any international obligations or ties to Australia were relevant.

The Tribunal found that the applicant had not complied with a condition of his visa by failing to be enrolled in a registered course. In exercising its discretion regarding cancellation, the Tribunal considered the applicant's stated intention to return home if his visa was cancelled, thus finding no indication he would become unlawful. It also determined that Australia's international obligations were not engaged by the circumstances. The Tribunal noted that the applicant held a temporary visa, rendering considerations of strong family or business ties in Australia irrelevant. Having regard to all the evidence and circumstances, including the applicant's financial difficulties stemming from his parents' separation and his subsequent mental health concerns, the Tribunal was satisfied that the applicant's visa ought to be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.