Singh (Migration)

This matter concerned an application by Jagjit Singh, a citizen of India, for review of a decision by a delegate of the Minister for Home Affairs to cancel his subclass 573 student visa. The visa was granted on 23 May 2014, with an expiry date of 15 March 2019, and was subject to conditions requiring the applicant to remain enrolled in a full-time registered course of study. The delegate cancelled the visa pursuant to section 116(1)(b) of the *Migration Act 1958* on the basis that the applicant had breached this condition by not being enrolled in a registered course from 27 September 2018 to mid-February 2019, a period of approximately four months.

The Administrative Appeals Tribunal was required to determine whether the ground for cancellation, namely the breach of the enrolment condition, was made out. If this ground was established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa should be cancelled. The applicant, assisted by his migration agent, presented evidence and arguments to the Tribunal.

The Tribunal found that while the applicant had indeed been unenrolled for a period of just over four months, it decided to set aside the cancellation decision. The Tribunal considered the applicant's overall record of compliance, the relevance and value of the courses he had undertaken, and noted that the non-enrolment period was of a limited duration. The Tribunal also took into account the applicant's physical and mental health issues. In light of these factors, the Tribunal substituted a decision not to cancel the visa.