Inderjit Singh (Migration)

The Administrative Appeals Tribunal considered the case of Inderjit Singh, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on the applicant's alleged failure to maintain enrolment in a registered course, a breach of condition 8202 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa, specifically by failing to be enrolled in a registered course between 18 November 2015 and 28 November 2016. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's personal circumstances and relevant government policy.

The Tribunal found that the applicant had indeed breached condition 8202(2) as he was not enrolled in a registered course during the specified period, a fact conceded by the applicant. The Tribunal also noted a breach of condition 8516 since April 2015. While acknowledging the applicant's claims of depression and difficulties in re-enrolling due to the lack of academic transcripts, the Tribunal concluded that these circumstances did not warrant the exercise of discretion to set aside the cancellation. The Tribunal affirmed the decision to cancel the applicant's visa.