SINGH (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass TU573 visa. The applicant, a citizen of India, arrived in Australia in 2015 with the intention of completing tertiary studies. The visa was cancelled on the basis that the applicant had failed to comply with condition 8202 of his visa, specifically that he was not enrolled in a registered course of study. The applicant sought review of this cancellation decision before the Tribunal.

The Tribunal was required to determine whether the grounds for cancellation under section 116(2)(b) of the Migration Act 1958 (Cth) were made out, and if so, whether the discretion to cancel the visa should be exercised. Condition 8202 required the visa holder to be enrolled in a registered course, achieve satisfactory course progress, and maintain satisfactory attendance. The cancellation was based on the applicant's alleged failure to meet the enrolment requirement.

The Tribunal found that the applicant had not been enrolled in a registered course from 7 September 2016 to 18 June 2017, a period of approximately nine months. This was supported by the applicant's own admissions at hearings before the Tribunal and by records from the Provider Registration and International Student Management System (PRISMS). The Tribunal noted that the applicant's evidence regarding his study intentions and attendance had evolved and, at one hearing, he admitted that PRISMS records indicating he had not attended classes were accurate. The Tribunal concluded that the applicant had failed to comply with condition 8202(2) of his visa.

Having found that the grounds for cancellation existed, the Tribunal then considered whether to exercise its discretion to cancel the visa. The Tribunal had regard to the applicant's circumstances, including his age, his stated study intentions, and the inconsistencies in his evidence. The Tribunal also considered information from the Department's Procedures Advice Manual. Ultimately, the Tribunal concluded that the visa should be cancelled and affirmed the delegate's decision.