Singh (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 573 Higher Education Sector visa held by Mr. Singh, a 23-year-old Indian national. The cancellation was based on the ground that Mr. Singh was not enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994. Mr. Singh contended that he was a victim of alleged fraud and sought to have the cancellation decision set aside.

The primary legal issue before the Tribunal was whether Mr. Singh had complied with condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that, on the evidence presented, Mr. Singh was not enrolled in a registered course, and therefore had not complied with condition 8202(2). However, in considering the exercise of its discretion to cancel the visa, the Tribunal had regard to Mr. Singh's circumstances. These included his relative youth, his assertion of being a victim of alleged fraud by Ms. Saluja who had influenced his course choices, his stated intention to complete his Bachelor of Tourism and Hospitality degree and pursue further studies, and his strong academic performance in his completed studies. The Tribunal also noted that he was not working and was financially supported by his parents, living with a family friend.

Ultimately, the Tribunal concluded that, in light of the totality of the circumstances, the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Singh's visa.