Singh (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Subclass 573 Higher Education Sector (Temporary) (Class TU) visa. The applicant had been granted the visa with condition 8202 attached, which required them to remain enrolled in a registered course of study. The Department of Immigration and Border Protection issued a Notice of Intention to Consider Cancellation (NOICC) on the grounds that the applicant had ceased to be enrolled in a registered course, thereby breaching condition 8202(2)(a) of their visa.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(a) of their visa by ceasing to be enrolled in a registered course, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to determine if the ground for cancellation under s.116(1)(b) of the Migration Act 1958 was made out, and then consider all relevant circumstances in deciding whether to cancel the visa, as the ground did not mandate cancellation.

The Tribunal found that the applicant had breached condition 8202(2)(a) as information from the Provider Registration and International Student Management System (PRISMS) indicated they were not enrolled in a registered course when their enrolment in an Advanced Diploma of Business was cancelled on 11 November 2017. In considering the exercise of discretion, the Tribunal noted the applicant's explanation for their circumstances, including disillusionment with a previous course, difficulties in finding new enrolment options, and a period of feeling overwhelmed. Despite acknowledging the applicant's stated shock and devastation upon receiving the NOICC and their subsequent efforts to obtain new Confirmation of Enrolment (CoE) documents, the Tribunal concluded that, on balance and considering all circumstances, the visa cancellation should be affirmed.