Singh (Migration)

This matter concerned an appeal by Mr Singh against the cancellation of his Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The applicant's visa was cancelled on the basis that he had breached condition 8516 of the Migration Regulations 1994, which requires a visa holder to continue to satisfy the criteria for the grant of their visa. Specifically, the applicant was found not to be enrolled in a Bachelor's degree or Masters degree course, which was a requirement for his subclass 573 visa.

The Tribunal was required to determine whether the applicant had breached condition 8516 of his visa. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances of the case and any submissions made by the applicant. The applicant had provided reasons for his non-compliance, including his mother's health issues and his own alleged anxiety and depression, along with evidence of various course enrolments and a medical certificate.

The Tribunal found that the applicant had failed to maintain enrolment in a relevant principal course of study, thereby breaching condition 8516. While acknowledging the applicant's stated reasons for non-compliance and the potential for some hardship, the Tribunal noted that the applicant had been absent from Australia since June 2017. This absence, coupled with the prolonged period of lapsed enrolment, led the Tribunal to conclude that the applicant's present intention was not to study in Australia. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.