Dalbir Singh (Migration)

The Administrative Appeals Tribunal considered the case of Dalbir Singh concerning the cancellation of his Subclass 500 (Student) visa. The dispute arose from the Department of Home Affairs' decision to cancel Mr. Singh's visa on the grounds that he had breached condition 8202 of the Migration Regulations 1994 by failing to maintain enrolment in a registered course.

The Tribunal was required to determine whether Mr. Singh had indeed breached condition 8202(2)(a) of his visa, which mandates that a student visa holder must be enrolled in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the evidence from the Provider Registration and International Students Management System (PRISMS) indicated that Mr. Singh was not enrolled in a registered course from 8 September 2020 to 16 November 2021, thereby breaching condition 8202(2)(a). In considering the exercise of discretion, the Tribunal acknowledged Mr. Singh's explanation regarding the unexpected discontinuation of his course by his education provider due to COVID-19 related issues and the subsequent stress and difficulties he experienced in finding a new suitable course. However, on balance, and after considering all the circumstances, the Tribunal concluded that the visa cancellation should be affirmed.