This case involved a notice of intention to cancel a student visa.

The applicant was on a subclass 573 Student visa which is designed for international students who are applying to study in Australia at a participating Educational Institution. A condition imposed on the applicant’s visa prescribed that the visa holder must be enrolled in a registered course of study at all times. It was due to a breach of this condition that the applicant received a letter from the Department of Immigration and Border Protection notifying him of their intention to cancel his visa.

The applicant then sought out ISL. ISL noted that a number of circumstances had contributed towards the applicant not being enrolled for that particular semester. First the applicant had been suffering from depression, anxiety and stress. Second, the applicant wanted to change courses but was hesitant as they had already expended a significant amount of time and money on their course. The applicant was also concerned with how it would affect the visa. It was this that had made the applicant continue with the course for another semester during which time they experienced academic struggles as well as grave mental and personal struggles. Third, the applicant’s financial situation had worsened and this, combined with the fact that the applicant was supporting his family back in his home country, meant that the applicant was unable to pay the fees for the next semester. It was then that the college cancelled the applicant’s enrolment and failed to notify the applicant.

ISL submitted that the combination of these circumstances, as well as the large sum of money expended by the applicant on their studies, were adequate reasons not to cancel the applicant’s visa. ISL also noted that the applicant had already enrolled in another course and had already paid the fees for the first semester and would therefore have to forfeit the money if his visa was cancelled. ISL was successful in managing to prevent the cancellation of the Student visa.