SINGH (Migration)

This matter concerned an appeal by Mr Singh against the decision of the Minister for Immigration and Border Protection to cancel his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The cancellation was based on the ground that Mr Singh was not enrolled in a registered course, which is a condition for holding such a visa. Mr Singh contended that he had taken reasonable steps to maintain his enrolment, particularly in light of his father's injury, and that the Minister's discretion to cancel his visa had not been exercised appropriately.

The primary legal issue before the Federal Circuit Court was whether the Minister's decision to cancel Mr Singh's visa was lawful, having regard to the specific circumstances of his enrolment and the discretion afforded under the *Migration Act 1958* (Cth). The court was required to consider whether Mr Singh's failure to maintain enrolment was excused by his personal circumstances and whether the Minister had properly considered all relevant factors when deciding to cancel the visa, including the purpose for which the visa was granted.

In his reasoning, Judge Harkess noted that while Mr Singh's father's injury was a significant personal circumstance, it did not, in itself, absolve Mr Singh of his obligation to maintain enrolment in a registered course. The court affirmed that the purpose of a student visa is to enable study, and a failure to be enrolled in a registered course means that the purpose of the visa has not been fulfilled. The judge found that the Minister had properly considered the relevant factors, including Mr Singh's personal circumstances, and that the decision to cancel the visa was open to the Minister. The appeal was therefore dismissed.