SINGH (Migration)

This matter concerned an application to review the cancellation of a Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa granted to the applicant. The applicant had been advised by the Department that his visa was being considered for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) on the grounds that he had breached condition 8516 of his visa. This condition requires the holder to continue to satisfy the criteria for the grant of the visa. The applicant's visa was subsequently cancelled, and he sought review of this decision before the Tribunal.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Act was made out, and if so, whether the applicant's visa should be cancelled, considering all relevant circumstances. Specifically, the Tribunal had to assess whether the applicant had failed to comply with condition 8516 by not continuing to be enrolled in a course of study that satisfied the criteria for his visa. The Tribunal also had to consider the exercise of discretion regarding cancellation, taking into account the applicant's stated intentions, his compliance with visa conditions, and any hardship that might result from cancellation.

The Tribunal found that the applicant had breached condition 8516 because he had ceased enrolment in a registered course of study on 6 April 2016, almost 12 months before the Notice of Intention to Consider Cancellation was issued. Despite completing three Diploma courses, the applicant conceded he did not re-enrol in a Bachelor's degree or other registered course after that date and stated he did not know he was meant to maintain enrolment. While acknowledging the applicant's financial supporters and his desire to assist his family, the Tribunal was not satisfied that the applicant's present intention was to remain in Australia for the purpose of study, given his prolonged period of non-enrolment. The Tribunal concluded that the ground for cancellation existed and, after considering all circumstances, exercised its discretion to affirm the cancellation of the applicant's visa.