Singh (Migration)

This matter concerned an appeal by an applicant whose Student (Temporary) (Class TU) visa, subclass 572 (Vocational Education and Training Sector), was cancelled by the Department of Home Affairs. The applicant had been notified that he was not enrolled in a registered course since May 2017, which constituted a breach of condition 8202 of the Migration Regulations 1994. The applicant responded to the notice, explaining that he had changed colleges due to concerns about the original college's closure, found the teaching quality at the new college to be poor, and cited his father's health issues as contributing to his cessation of studies. He also expressed an intention to re-enrol. The Administrative Appeals Tribunal was required to determine whether the applicant had breached condition 8202 and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) of the Regulations by failing to maintain enrolment in a registered course for a significant period exceeding eight months. In considering whether to exercise its discretion to cancel the visa, the Tribunal had regard to the applicant's stated reasons for non-enrolment and government policy. The Tribunal noted that the primary purpose of a student visa is to study in Australia, and the applicant's prolonged non-enrolment indicated he was not pursuing this purpose. The Tribunal also gave considerable weight to the applicant's responsibility to comply with visa conditions and found that the provided information regarding his father's health and his own discomfort with his previous college did not constitute extenuating or compassionate circumstances sufficient to override the breach.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal was not satisfied that the breach occurred in circumstances beyond the applicant's control and found the period of non-enrolment to be a significant and serious breach given the nature of the visa granted. The Tribunal concluded that, considering all circumstances, the visa should be cancelled.