Abhideep Singh (Migration)

This matter concerned an appeal by Abhideep Singh against the decision of the Tribunal to affirm the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant's visa was cancelled on the grounds that he had breached a condition of his visa by not being enrolled in a registered course.

The primary legal issue before the Tribunal was whether the applicant had breached Condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. 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 indeed breached Condition 8202(2) as he admitted to not being enrolled in a registered course of study for a significant period, commencing from 19 February 2016. While the applicant raised personal circumstances, including emotional distress following family deaths and financial difficulties, which contributed to his non-enrolment and inability to pay course fees, the Tribunal considered these in its exercise of discretion. The Tribunal noted the significant duration of the breach (in excess of two years and eight months) and the applicant's failure to provide evidence of attempts to inform the Department of his situation, secure funding for enrolment, or return to his home country.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.