Rajveer Singh (Migration)

This matter concerned an appeal by Rajveer Singh against the cancellation of his Student (Temporary) (Class TU) visa (Subclass 500). The primary ground for cancellation was that Mr. Singh was not enrolled in a registered course, thereby failing to comply with a condition of his visa. The Administrative Appeals Tribunal (AAT) was required to consider whether to exercise its discretion to set aside the cancellation decision.

The legal issues before the AAT were whether Mr. Singh had complied with his visa conditions and, if not, whether the discretion to cancel his visa should be exercised in his favour. The Tribunal was tasked with considering the circumstances of the case, including the reasons provided by Mr. Singh for his non-compliance and his stated intention to resume study and remain in Australia with his Australian citizen wife. The AAT also had regard to the Department's Procedures Advice Manual concerning general visa cancellation powers.

The Tribunal found that Mr. Singh had not complied with a condition of his visa by failing to be enrolled in a registered course since 2018. While acknowledging the personal difficulties Mr. Singh faced, including his parents' medical conditions and his wife's PTSD, the Tribunal noted a lack of documentary evidence to fully substantiate these claims. Furthermore, the Tribunal observed that Mr. Singh had not contacted the Department to seek assistance regarding his circumstances. Applying the relevant provisions of the Migration Regulations 1994, which require a student visa holder to be enrolled in a registered course, and considering the significant period of non-enrolment, the Tribunal concluded that the discretion to cancel the visa should be exercised.

The Tribunal affirmed the decision to cancel Mr. Singh's Student (temporary) (class TU) Student (subclass 500) visa.