Singh (Migration)

This matter concerned an appeal by Mr. Singh against the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The Department of Home Affairs had issued a Notice of Intention to Consider Cancellation (NOICC) on the grounds that Mr. Singh had ceased to be enrolled in a registered course from 7 July 2022, thereby failing to comply with condition 8202(2)(a) of his visa. The 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 was required to consider the applicant's circumstances in response to the NOICC, which included explanations relating to the COVID-19 pandemic, mental health issues, drug use and treatment, a criminal conviction and community service, his study history including previous cancellations, a new enrolment made after receiving the NOICC, his current and future study and work goals, and his current location in a third country visiting family. The Tribunal also had to consider the implications for his wife and child, who were members of his family unit and whose visas were consequentially cancelled without jurisdiction to review.

In its reasoning, the Tribunal acknowledged that the cancellation of a visa is a significant matter. However, after considering all the circumstances, including the applicant's explanation of personal difficulties, his engagement with addiction and mental health services, and his subsequent enrolment in new courses, the Tribunal concluded that the ground for cancellation under s 116(1)(b) of the Migration Act 1958 existed. The Tribunal then exercised its discretion to affirm the decision to cancel the visa, finding that on balance, the cancellation was warranted. The Tribunal noted it had no jurisdiction to review the consequential cancellation of the visas of the other applicants.