Harjinder Singh (Migration)

The Administrative Appeals Tribunal considered the case of Harjinder Singh, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The dispute arose because Mr. Singh had ceased studies at the Bachelor level, for which his visa was granted, and enrolled in a Diploma course, which was at a lower Australian Qualifications Framework (AQF) level.

The primary legal issue before the Tribunal was whether Mr. Singh had breached condition 8202 of the Migration Regulations 1994, which requires a visa holder to maintain enrolment in a registered course of study that leads to a qualification at the same or a higher AQF level than that for which the visa was granted. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Mr. Singh had indeed breached condition 8202. His visa was granted for Bachelor of Business studies (AQF level 7), but he ceased these studies and enrolled in a Diploma of Hospitality Management (AQF level 5). While Mr. Singh claimed medical issues, anxiety, and stress impacted his ability to study at the Bachelor level and that he was advised to take less stressful courses, he failed to provide any medical evidence to substantiate these claims for the period in question. The Tribunal acknowledged his past medical issues in 2017, supported by documentation, but found his purpose of stay was inconsistent with Bachelor-level study, given his academic history since 2014.

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