Gurpartap Singh (Migration)

The Administrative Appeals Tribunal considered whether to affirm the decision to cancel the Subclass 573 Higher Education Sector visa of Gurpartap Singh. The cancellation was based on the applicant's alleged breach of condition 8202 of the Migration Regulations 1994, specifically that he was not enrolled in a registered course between 29 August 2016 and December 2016.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of his visa. This condition requires the visa holder to be enrolled in a registered course and to achieve satisfactory course progress and attendance. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course during the specified period. The applicant had a history of changing courses, including abandoning a Bachelor of IT in March 2015, a Bachelor of Business in August 2015, and not being enrolled in any courses from 29 August 2016 until he enrolled in an Advanced Diploma of Business on 13 December 2016, after receiving a notice of intention to cancel. Despite considering the applicant's submissions and government policy, the Tribunal concluded that the circumstances warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 573 Higher Education Sector visa.