Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The dispute arose because Mr. Singh had ceased enrolment in a registered course of study, thereby breaching a condition of his visa.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to assess if Mr. Singh had complied with Condition 8202(2)(a) of his visa, which mandates enrolment in a registered course.

The Tribunal found that Mr. Singh had breached Condition 8202(2)(a) as he had not been enrolled in a registered course since 11 August 2017, when his enrolment in a Certificate IV in Work Health and Safety and a Diploma of Work Health and Safety was cancelled. Despite Mr. Singh's explanations regarding his change of study interests, family health concerns, and alleged lack of awareness of his enrolment cancellation due to the college's unprofessional conduct, the Tribunal concluded that the ground for cancellation existed. In exercising its discretion, the Tribunal considered the circumstances as a whole, including the matters raised by Mr. Singh and relevant departmental procedures.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Singh's visa, finding that on balance, the cancellation was warranted.