Singh (Migration)

This matter concerned an appeal by Mr. Singh against the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The primary dispute revolved around whether Mr. Singh had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course of study. The delegate had cancelled Mr. Singh's visa on the basis that he was not enrolled in a registered course from 28 June 2018, a finding Mr. Singh affirmed during the hearing. The Tribunal was therefore required to determine if Mr. Singh had indeed failed to comply with condition 8202 and, if so, whether the discretion to cancel his visa should be exercised.

The Tribunal was required to consider two main legal issues. Firstly, whether Mr. Singh had complied with condition 8202 of the Migration Regulations 1994, specifically the requirement to be enrolled in a full-time registered course. Secondly, if a breach of condition 8202 was established, the Tribunal had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the purpose of the visa holder's stay, the extent of compliance with visa conditions, the degree of hardship that may be caused by cancellation, and the circumstances in which the ground for cancellation arose.

The Tribunal found that Mr. Singh had not complied with condition 8202(2)(a) as he was not enrolled in a registered course from 28 June 2018, a fact he admitted. In considering the discretion to cancel the visa, the Tribunal noted that Mr. Singh had arrived in Australia to study a Bachelor of Business Management degree but provided no evidence of a compelling need to remain. While acknowledging that cancellation would cause some financial and emotional hardship, the Tribunal gave this factor little weight. Mr. Singh attributed his non-compliance to his mother's ill health and his own subsequent depression, but the Tribunal found these circumstances did not outweigh the breach of the visa condition, particularly as the non-payment of fees leading to the cancellation was confirmed. The Tribunal ultimately affirmed the decision to cancel Mr. Singh's visa.