SINGH (Migration)

This matter concerned an application by Mr Singh for review of a decision by the Minister to cancel his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The Minister had cancelled the visa under section 116(1)(b) of the Migration Act 1958 (Cth) on the ground that Mr Singh had failed to continue to satisfy the primary criteria for the grant of the visa, specifically by ceasing to be enrolled in a Higher Education Sector course.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) was made out, and if so, whether to exercise its discretion to cancel the visa. The primary criteria for the visa included being enrolled in a principal course of study and meeting specific academic and financial requirements. The Tribunal considered the applicant's enrolment history, including his initial enrolment in a Bachelor of Nursing, his subsequent enrolment in a Diploma of Business, and his current enrolment in a Bachelor of Accounting.

The Tribunal found that the ground for cancellation was established because Mr Singh had not continued to satisfy the primary criteria for the visa. While the cancellation was not mandatory, the Tribunal then considered whether to exercise its discretion to cancel the visa, taking into account various factors including the purpose of the visa, the applicant's compliance with conditions, potential hardship, and government policy. The Tribunal noted Mr Singh's submissions regarding difficulties with his initial course and his subsequent pursuit of business studies, including passing units in a Diploma of Business and enrolling in a Bachelor of Accounting.

After balancing the favourable and adverse factors, the Tribunal concluded that it should exercise its discretion to cancel the visa. Accordingly, the Tribunal affirmed the decision to cancel Mr Singh's Subclass 573 visa.