Lovjinder Singh (Migration)

The Administrative Appeals Tribunal considered the case of Lovjinder Singh, who sought review of the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The cancellation was based on Mr. Singh's failure to be enrolled in a registered course, his non-commencement of studies, and the subsequent cancellation of his enrolment.

The Tribunal was required to determine whether the delegate's decision to cancel Mr. Singh's visa was correct, and if not, whether the Tribunal should exercise its discretion to set aside the cancellation and substitute a new decision. Key issues included the credibility of Mr. Singh's explanations, the weight to be given to his lack of response to communications from the Department and the Tribunal, and the significance of his study history, including the cancellation of previous courses and enrolment in a lower-level course, potentially alongside full-time work.

In reaching its decision, the Tribunal considered the totality of the circumstances. It noted the absence of documentary evidence to support Mr. Singh's claims and his failure to engage with the Department or the Tribunal. The Tribunal found that these factors, combined with his past study conduct, led to the conclusion that the visa should be cancelled. The Tribunal accordingly affirmed the decision under review.