Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Singh concerning the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant, Mr. Singh, sought review of the delegate's decision to cancel his visa on the grounds that he was not enrolled in a registered course, as evidenced by his study history and the PRISMS record. Mr. Singh contended that he had been enrolled in and completed a lower-level course and had obtained confirmations of enrolment for courses at both the original and higher levels.

The central legal issue before the Tribunal was whether the delegate had erred in finding that Mr. Singh was not enrolled in a registered course at the time of the cancellation decision. This required the Tribunal to assess the evidence presented regarding Mr. Singh's enrolment status, including his study history, the PRISMS record, and the confirmations of enrolment he provided.

The Tribunal found that there was no evidence to support the delegate's conclusion that Mr. Singh was not enrolled. It noted that Mr. Singh had provided confirmations of enrolment for courses at the relevant levels, and there was no evidence to contradict this. Consequently, the Tribunal determined that the delegate had made an error in finding that Mr. Singh was not enrolled in a registered course. The Tribunal set aside the delegate's decision under review.