LOVEPRIT SINGH (Migration)

This matter concerned an appeal by Loveprit Singh against the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The visa was cancelled under section 116(1) of the Migration Act 1958 (Cth) on the grounds that Mr Singh had breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether Mr Singh had complied with condition 8202 of his visa, which requires the holder to be enrolled in a registered course, and if not, whether the discretion to cancel his visa should be exercised. The Tribunal was also required to consider whether Mr Singh had been afforded a meaningful opportunity to present his case.

The Tribunal found that Mr Singh had not complied with condition 8202(2)(a) as he had ceased to be enrolled in a registered course approximately six months after his arrival in Australia. The Tribunal was not satisfied that Mr Singh was a genuine student, noting his cessation of studies, the warnings issued by his education provider regarding attendance, and his failure to actively pursue the recovery of pre-paid course fees. The Tribunal also concluded that Mr Singh had been given a meaningful opportunity to present his case at the hearing.

Consequently, the Tribunal affirmed the decision to cancel Mr Singh's visa, finding that the circumstances warranted the exercise of the cancellation discretion.