Singh (Migration)

This matter concerned an appeal by Mr. Singh against the cancellation of his Subclass 500 (Student) visa. The cancellation was based on the ground that Mr. Singh was not enrolled in a registered course at the required AQF level, specifically that his enrolment in a Master of International Tourism and Hotel Management at AQF level 9 was cancelled, and he remained unenrolled in a full-time registered course at that level or above from April 2019 until his visa cancellation in October 2019. Mr. Singh accepted that the ground for cancellation existed.

The primary legal issue before the Tribunal was whether, having established the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth), the discretion to cancel the visa should be exercised. The Tribunal was required to consider all relevant circumstances, including matters of government policy and the specific circumstances raised by the applicant.

The Tribunal considered the applicant's evidence regarding his difficulties in commencing his studies, including visa delays, adjustment issues upon arrival, and a denied request to reduce his study load, which led to significant stress. It also noted his subsequent enrolments in a Certificate III and a Graduate Diploma, and an offer of admission to a Master of Information Technology, though the Tribunal expressed puzzlement as to why he did not enrol in the latter. Despite the applicant's acknowledged non-compliance with visa conditions, the Tribunal weighed these factors, including the applicant's stated intention to complete a Master's level course, against the grounds for cancellation.

Ultimately, the Tribunal concluded that, considering the circumstances as a whole, the decision to cancel Mr. Singh's visa should be set aside. The Tribunal substituted a decision not to cancel his Subclass 500 (Student) visa.