Yates (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 572. The applicant, who arrived in Australia to study, failed to meet his study commitments. The core of the dispute concerned whether the grounds for cancellation were made out and, if so, whether the visa should be cancelled, considering the applicant's claims of being a victim of an assault and subsequent inability to concentrate on his studies.

The Tribunal was required to determine if the applicant had fulfilled his study obligations and if any non-compliance was due to circumstances beyond his control. The applicant contended that a violent assault in July 2015, which resulted in hospitalisation and psychological distress including PTSD and depression, prevented him from concentrating on his studies and led him to be advised not to study. He argued that these were compassionate and compelling circumstances that warranted the non-cancellation of his visa.

The Tribunal found that while the applicant had provided evidence of the assault and its psychological impact, there was insufficient evidence to establish that his failure to meet study commitments was beyond his control. The applicant had returned to work a month after the attack and, when questioned about his ability to work but not study, provided no response. Furthermore, the Tribunal noted that the applicant had enrolled in a new course shortly after being contacted by the Department regarding his visa status, and had not paid fees or commenced studies. Consequently, the Tribunal concluded that the grounds for cancellation were made out and affirmed the decision to cancel the applicant's visa.