Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on Mr. Singh's enrolment in courses at a lower Australian Qualifications Framework (AQF) level than that required by his visa conditions.

The primary legal issue before the Tribunal was whether the delegate's decision to cancel Mr. Singh's visa was justified, particularly in light of his stated medical conditions and perceived study difficulties. The Tribunal was required to determine if Mr. Singh had met his obligations under the *Migration Act 1958* (Cth) and associated regulations, including the requirement to maintain enrolment in a course at the specified AQF level.

The Tribunal found that Mr. Singh had not approached his education provider to discuss his difficulties or seek alternative enrolment options that would comply with his visa conditions. Instead, he had enrolled in lower-level courses in different subject areas without the provider's approval. The Tribunal concluded that this conduct demonstrated a failure to meet the visa requirements and affirmed the delegate's decision to cancel the visa.