Gurlal Singh (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr. Gurlal Singh's Student (Temporary) (Class TU) visa (Subclass 573 Higher Education Sector). The dispute arose because Mr. Singh was not enrolled in a registered course of study, which constituted a breach of condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr. Singh had complied with condition 8202 of his visa and, if not, whether the discretion to cancel his visa should be exercised. Condition 8202 mandates that a student visa holder be enrolled in a registered course and maintain satisfactory course progress and attendance. The evidence indicated that Mr. Singh had not been enrolled in a registered course since December 2016, thus breaching the condition.

Despite the breach, the Tribunal considered the circumstances surrounding the non-compliance. Mr. Singh provided evidence of significant emotional distress and potential hardship to his family, particularly his mother and fiancé, should his visa be cancelled. He detailed the shame and social repercussions his family might face in his village, attributing these concerns to his non-engagement in study and extended visits to his fiancé in India. The Tribunal acknowledged the seriousness of the breach but, after hearing Mr. Singh's oral evidence regarding these compelling personal circumstances, concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision to cancel Mr. Singh's visa and substituted a decision not to cancel his Subclass 573 Higher Education Sector visa.