Harnek Singh (Migration)

This matter concerned an appeal by Harnek Singh against the cancellation of his Student (Temporary) (Class TU) Subclass 500 visa. The dispute arose from Mr. Singh's failure to maintain enrolment in a registered course of study, a condition of his visa. The Administrative Appeals Tribunal (AAT) was required to consider whether Mr. Singh had breached his visa conditions and, if so, whether the cancellation of his visa was warranted.

The primary legal issue before the Tribunal was whether Mr. Singh had complied with the requirement to be enrolled in a registered course of study. This involved assessing the evidence presented regarding his academic pursuits, including his initial enrolment in Information Technology, his subsequent studies in Hospitality, and his intended enrolment in a Bachelor of Business degree. The Tribunal also had to consider the applicant's stated reasons for his lack of enrolment, including a thyroid condition and concerns about his suitability for his chosen field of study. A further consideration was the interpretation of "compelling need" in the context of the Department's Procedures Advice Manual (PAM3) and section 116 of the Migration Act 1958 (Cth).

The Tribunal found that Mr. Singh had not been enrolled in a registered course of study for a period of approximately 11 months, from 26 March 2018 to 3 April 2019, thereby breaching condition 8202(2) of his visa. In exercising its discretion to cancel the visa, the Tribunal considered the circumstances of the case, including the applicant's evidence and relevant departmental guidelines. The Tribunal noted that there were no specific matters mandated by the Act or Regulations that must be considered in this discretion. The Tribunal interpreted "compelling need" in its ordinary and natural meaning, as informed by the context and purpose of the PAM3 and section 116 of the Act, referencing the principles in *Project Blue Sky Inc v Australian Broadcasting Authority*.

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