Jashandeep Singh (Migration)

This matter concerned an appeal by Jashandeep Singh against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 500. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had breached a condition of his visa and, if so, whether the visa should be cancelled.

The primary legal issue before the Tribunal was whether Mr. Singh had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth). This condition requires a student visa holder to maintain enrolment in a registered course of study. If a breach of this condition was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958 (Cth).

The Tribunal found that the applicant had not been enrolled in a registered course of study since 27 November 2018, thereby breaching condition 8202(2)(a). The applicant admitted this fact and acknowledged that he had made a poor decision in not remaining enrolled, despite having been in Australia for approximately three years on a student visa and being reasonably aware of his obligations. The Tribunal considered the applicant's explanation that he had received incorrect advice from friends, but found that his circumstances were within his control. Balancing these factors, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's visa.