Singh (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the applicant’s subclass 500 student visa. The cancellation was based on the applicant failing to maintain enrolment in a registered course that, upon completion, would provide a qualification at the same or a higher Australian Qualifications Framework (AQF) level as the course for which the visa was granted. The applicant appeared before the Tribunal with the assistance of an interpreter.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) of the Migration Regulations, which requires a student visa holder to maintain enrolment in a course at a level no lower than that for which the visa was granted. If such a breach was established, the Tribunal then had to consider whether the visa should be cancelled under section 116(1) of the Migration Act. The applicant’s visa was cancelled because he had enrolled in courses leading to qualifications at AQF level 5, two levels below his original Bachelor of Business degree (AQF level 7), after his original course was cancelled.

The Tribunal found that the applicant had indeed breached the relevant visa condition. The applicant acknowledged this breach in his written response to a notice of intention to consider cancellation and in his oral evidence. He explained that the breach was due to his family’s temporary financial hardship, which prevented him from paying tuition fees for his Bachelor of Business degree. He stated his intention to resume his bachelor-level studies once his father’s financial situation improved. Despite acknowledging the applicant's candour and the reasons provided, the Tribunal concluded that the decision to cancel the visa should be affirmed.