Randhawa (Migration)

The Administrative Appeals Tribunal considered the case of Jarmanjeet Singh Randhawa, an Indian citizen whose Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector), was cancelled by a delegate of the Minister for Home Affairs. The visa, initially granted on 16 February 2016 and due to expire on 15 March 2020, was cancelled on 21 March 2019. The cancellation was based on the applicant's alleged breach of visa condition 8202, which requires a student visa holder to remain continuously enrolled in a registered course of study. The delegate identified the period from 25 May 2018 to 21 March 2019 as the time of continuous breach.

The primary legal issue before the Tribunal was to determine whether the applicant had indeed breached visa condition 8202, and if so, whether the discretion to cancel his visa should be exercised. The Tribunal was required to consider the applicant's submissions and evidence regarding why his visa ought not to be cancelled, acknowledging that a breach of a visa condition does not automatically lead to cancellation.

The Tribunal found that the applicant admitted to being in breach of condition 8202 for the period specified. This admission, coupled with departmental information, satisfied the Tribunal that a breach had occurred, thereby triggering the power to consider cancellation under section 116 of the Migration Act. The Tribunal's reasoning involved a discretionary assessment, guided by factors outlined in the Procedures Advice Manual 3 (PAM3), which provides direction for exercising discretion in visa cancellation matters. The Tribunal acknowledged that the purpose of the visa, which is to study in a registered course, was not fulfilled due to the non-enrolment, and considered the applicant's stated financial difficulties.