WARNAKULASURIYA FERNANDO (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, held by the applicant, Warnakulasuriya Fernando. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to maintain enrolment in a registered course.

The primary legal issue before the Tribunal was to determine if the applicant had breached condition 8202 of the Migration Regulations 1994. If a breach was established, the Tribunal would then consider whether the cancellation of the applicant's visa under section 116(1) of the Migration Act 1958 was justified.

The Tribunal found that the applicant had not breached condition 8202. It considered evidence including confirmations of enrolment, academic transcripts for completed diploma and advanced diploma courses, a confirmation of enrolment for a Bachelor of Business course, evidence of tuition fee payments, and correspondence between the department, the education provider, the applicant's agent, and the applicant's father. The Tribunal concluded that the applicant had a genuine intention to recommence studies, despite a change in course from IT to management and family financial difficulties, and that the education provider had advised on course cancellation. Consequently, the Tribunal set aside the decision to cancel the applicant's visa.