Harkamal Singh (Migration)

The applicant, Harkamal Singh, sought judicial review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the ground that Mr. Singh was not enrolled in a registered course, a requirement under the *Migration Act 1958* (Cth) and associated regulations. The Federal Circuit Court of Australia was tasked with determining whether the delegate's decision to cancel the visa was lawful.

The primary legal issue before the Court was whether the delegate had properly exercised their discretion to cancel Mr. Singh's visa. This involved considering whether the delegate had given adequate weight to all relevant factors, including Mr. Singh's personal circumstances, such as a lower back injury and a dispute over course fees with his education provider, and whether these factors were outweighed by the seriousness of the non-compliance. The Court also had to consider the length of the non-enrolment and whether Mr. Singh had made any genuine attempts to rectify his non-compliance.

The Court found that while Mr. Singh had presented mitigating circumstances, including his injury and fee dispute, these did not sufficiently explain or excuse his prolonged period of non-enrolment. The delegate had considered these factors but reasonably concluded that they did not warrant the exercise of discretion in Mr. Singh's favour, particularly given the absence of any proactive steps taken by him to address the non-compliance. The Court affirmed the delegate's decision, finding that it was open to the delegate on the evidence before them.