NIRVAIR SINGH (Migration)

This matter concerned an appeal by Nirvair Singh against the cancellation of his Subclass 573 Higher Education Sector visa. The Minister had cancelled the visa under section 116(1)(b) of the Migration Act 1958 (Cth) on the grounds that Mr. Singh had failed to maintain enrolment in a registered course, thereby breaching condition 8202(2)(a) of his visa. The Administrative Appeals Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered whether Mr. Singh had breached condition 8202(2)(a), which mandates that a visa holder must be enrolled in a registered course. Evidence from the Provider Registration and International Student Management System (PRISMS) indicated that Mr. Singh had not been enrolled in a registered course since 8 July 2016, with his enrolments in a Bachelor of Business, Diploma of Hospitality, and Certificates III and IV in Commercial Cookery being cancelled for reasons including non-commencement and unsatisfactory attendance. The Tribunal found that this constituted a breach of condition 8202(2)(a), thus satisfying the ground for cancellation under section 116(1)(b).

The Tribunal then considered its discretion to cancel the visa, having regard to matters raised by Mr. Singh and government policy. Mr. Singh's representative provided documentation detailing a history of academic difficulties, changes in course providers, personal stress due to his mother's illness, and alleged poor advice from education agents. He argued that cancellation would cause significant hardship. However, the Tribunal noted that Mr. Singh had not responded to the Notice of Intention to Consider Cancellation. Despite acknowledging the applicant's circumstances, the Tribunal concluded that, on balance, the visa should be cancelled. The Tribunal affirmed the decision to cancel Mr. Singh's visa.