Jaspreet Singh (Migration)

This matter concerned an application by Jaspreet Singh (the applicant) to review the decision of the Department of Home Affairs to cancel his Student (Temporary) (Class TU) visa, subclass 500. The applicant contended that the cancellation was not warranted, particularly in light of personal and family difficulties he had experienced.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course and maintain satisfactory course progress and attendance. If a breach was found, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant was not enrolled in a registered course between 4 October 2017 and 16 July 2018, thereby breaching condition 8202(2)(a) of his visa. While acknowledging the applicant's stated reasons for non-enrolment, including financial difficulties and family emergencies involving his father's mental health and his brother's accident, the Tribunal noted that these events occurred after his enrolment had already been cancelled. Furthermore, the Tribunal found the medical evidence provided was inconclusive regarding the applicant's own inability to study or defer his studies at the relevant times. Consequently, the Tribunal concluded that the visa should be cancelled.

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