Singh (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel a Subclass 500 Student visa held by an Indian citizen. The visa was granted on the condition that the holder remain enrolled in a registered course of study and make satisfactory progress. The delegate cancelled the visa under section 116(1)(b) of the Migration Act 1958, finding that the applicant had breached the condition requiring continuous enrolment in a registered course for a period of approximately eight months.

The Tribunal was required to determine whether the applicant had indeed breached condition 8202(2)(a) of his visa, which mandates remaining enrolled in a registered course of study. If a breach was established, the Tribunal then had to consider whether the visa should be cancelled. The applicant provided evidence and arguments to the Tribunal, assisted by his migration agent, and was found to have satisfactory English proficiency.

The Tribunal's decision was based on information from the Department of Education and Training's Provider Registration and International Student Management System (PRISMS). This system is used to administer the Education Services for Overseas Students Act 2000 and records changes in student enrolment status and compliance with visa conditions. The delegate relied on PRISMS data to identify the period during which the applicant was not enrolled in a registered course, which constituted a continuous breach of his visa conditions. The Tribunal affirmed the delegate's decision to cancel the visa.