Jashanpreet Singh (Migration)

This matter concerned the review of a decision by the Department of Home Affairs to cancel the Student (Temporary) (Class TU) (Subclass 500) visa held by Jashanpreet Singh. The applicant had been granted the visa on 1 February 2017, with the original enrolment being for a Bachelor of Business (Accounting) at AQF Level 7. The visa was cancelled on 8 November 2019, on the basis that the applicant had breached condition 8202(2)(b) of the Migration Regulations 1994 by not maintaining enrolment in a registered course at the same or a higher AQF level than that for which the visa was granted, for a period exceeding 19 months.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2)(b) of his visa. This condition requires a student visa holder to maintain enrolment in a registered course that, upon completion, will provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level as the course for which the visa was originally granted. The Tribunal was also required to consider whether, having found a breach, it should exercise its discretion to affirm or set aside the cancellation decision.

The Tribunal found that the applicant had not been enrolled in a course at AQF Level 7 or higher from 29 March 2018 until the cancellation of his visa on 8 November 2019, thereby breaching condition 8202(2)(b). While acknowledging the applicant's stated difficulties with his initial bachelor's degree studies, personal circumstances including his mother's illness, and his subsequent enrolment in vocational courses, the Tribunal determined that these factors did not outweigh the prolonged period of non-compliance with the visa condition. The Tribunal considered the applicant's intention to study and his continuous enrolment in registered courses, but ultimately concluded that the extent of non-compliance was significant.

After considering all the circumstances, including the applicant's submissions and the Department's Procedures Advice Manual, the Tribunal affirmed the decision to cancel the applicant's visa.