Singh (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant, Mr. Singh, had his visa cancelled on the grounds that he was not enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr. Singh had complied with condition 8202, which mandates that a student visa holder must be enrolled in a registered course and maintain satisfactory course progress and attendance. Specifically, the Tribunal had to ascertain if Mr. Singh was enrolled in a registered course between 5 February 2017 and 16 August 2017, the period leading up to the visa cancellation.

The Tribunal found that Mr. Singh had not been enrolled in a registered course during the specified period, thus breaching condition 8202(2) of his visa. In considering the discretion to cancel the visa, the Tribunal noted that Mr. Singh had been in Australia since September 2014 and had only completed two certificate courses. Despite his stated intention to continue studying in Australia, the Tribunal found that his non-compliance with condition 8202(2) for a substantial period of over six months weighed heavily against him. Furthermore, the Tribunal noted credibility concerns arising from inconsistent evidence provided by Mr. Singh regarding his enrolment and attendance. Consequently, the Tribunal affirmed the decision to cancel Mr. Singh's visa.