Pawanjot Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Pawanjot Singh concerning the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 Higher Education. Mr. Singh had been granted this visa to undertake a Bachelor of Business. The Department of Home Affairs had cancelled his visa on the grounds that he had not been enrolled in a registered course for a period of nine months, thereby failing to meet the conditions of his visa. Mr. Singh sought review of this decision by the AAT.

The primary legal issue before the Tribunal was whether the cancellation of Mr. Singh's visa was justified, and if not, whether the Tribunal should set aside the decision and substitute its own decision. This involved assessing whether Mr. Singh had provided sufficient evidence to demonstrate that there were compelling reasons for his failure to maintain enrolment and whether he had taken all reasonable steps to address his circumstances, including his emotional distress following a death in his family, financial difficulties, and the non-payment of fees. The Tribunal also had to consider whether Mr. Singh's choice to work instead of re-enrolling constituted a failure to take positive action to remedy his situation.

In its reasoning, the Tribunal acknowledged the difficulties Mr. Singh had faced, including family bereavement and financial hardship. However, it found that Mr. Singh had not provided sufficient evidence to substantiate these claims to the extent required. Crucially, the Tribunal noted that Mr. Singh had chosen to work during the period he was not enrolled, which it considered a failure to take positive action to remedy his situation and comply with his visa conditions. The Tribunal applied the principles of the *Migration Act 1958* (Cth) and relevant regulations concerning student visa holders' obligations.

The Tribunal affirmed the decision to cancel Mr. Singh's visa.