Singh (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr. Singh against the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The primary dispute concerned whether Mr. Singh had complied with the conditions attached to his visa, specifically the requirement to be enrolled in a registered course of study.

The Tribunal was required to determine two key issues: first, whether Mr. Singh had breached a condition of his visa by failing to be enrolled in a registered course between 24 September 2017 and 5 July 2018; and second, if a breach was found, whether the discretion to cancel his visa should be exercised.

The Tribunal found that Mr. Singh had not been enrolled in a registered course during the specified period, thereby breaching visa condition 8202(2) and making his visa liable for cancellation under s.116(1)(b) of the Migration Act. In considering the exercise of discretion, the Tribunal noted Mr. Singh's stated intention to study and his desire to return to Australia for further education. However, it gave this limited weight due to his past conduct, including difficulties in paying course fees and his inability to complete courses. The Tribunal found Mr. Singh's reasons for non-enrolment, which included being distracted by a relationship and financial difficulties, to be neither compelling nor convincing. The Tribunal affirmed the decision to cancel Mr. Singh's visa.