Manpreet Singh (Migration)

This matter concerned an appeal by Manpreet Singh against the cancellation of his Subclass 500 (Student) visa. The Administrative Appeals Tribunal, constituted by Member Vanessa Plain, was required to determine whether the cancellation decision was justified.

The primary legal issue before the Tribunal was whether Mr. Singh had breached condition 8202 of the Migration Regulations 1994, which mandates that a student visa holder must be enrolled in a registered course and maintain satisfactory course progress and attendance. If a breach 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.

The Tribunal found that Mr. Singh had indeed breached condition 8202(2) as he was not enrolled in a registered course from 27 July 2018. However, in considering the discretion to cancel the visa, the Tribunal gave significant weight to the circumstances surrounding the breach. Mr. Singh had been involved in a serious car accident shortly before his enrolment was cancelled, resulting in a fractured shoulder and requiring extensive medical treatment. The Tribunal was persuaded by the substantial contemporaneous medical evidence that these circumstances were beyond his control and that he had taken reasonable steps to seek a deferral from his educational provider. The Tribunal concluded that his primary purpose for being in Australia remained study and that the breach was due to compelling reasons outside his control.

Consequently, the Tribunal set aside the decision to cancel Mr. Singh's visa and substituted a decision not to cancel it.