Singh (Migration)

This matter concerned an application by Mr Singh for review of a decision by a delegate of the Minister for Home Affairs to cancel his Subclass 500 student visa. The cancellation was based on the applicant not being enrolled in a registered course of study, which constituted a breach of condition 8202(2)(a) of the *Migration Regulations 1994*. The Tribunal was required to determine whether this ground for cancellation was made out and, if so, whether the visa should be cancelled.

The Tribunal found that the applicant had indeed failed to maintain enrolment in a registered course of study from 30 November 2018 onwards, a fact acknowledged by the applicant both in his written response to the notice of intention to cancel and in his oral evidence. The applicant sought to explain this breach by detailing significant personal difficulties, including mental health issues stemming from a stressful relationship with a girl from India. He cited parental disapproval of their inter-religious and inter-cultural relationship, threats made to his family, and his inability to contact the girl as reasons for his distress and inability to concentrate on his studies.

Despite these explanations, the Tribunal was satisfied that the applicant had not complied with his visa condition. The applicant's visa was therefore cancelled, and the Tribunal affirmed the delegate's decision.