Singh (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel Mr Singh's Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on Mr Singh's failure to be enrolled in a registered course of study, a ground he conceded. The Tribunal considered Mr Singh's travel and study history, noting that while he had completed one previous course, other enrolments had been cancelled.

The primary legal issue before the Tribunal was whether the circumstances Mr Singh presented, including the COVID-19 pandemic, difficulties with online study, and depression, constituted exceptional circumstances beyond his control that would warrant setting aside the visa cancellation. The Tribunal also had to assess the credibility of Mr Singh's oral evidence regarding his enrolment decisions.

The Tribunal found that Mr Singh's enrolment was cancelled before the shift to online classes, and he provided no medical evidence to support his claims of depression impacting his studies at that time. Furthermore, his decision to strategically enrol in two different courses after receiving the department's notice, only to cancel them later, was deemed inconsistent and implausible. The Tribunal concluded that the presented circumstances did not meet the threshold for exceptionality required to override the cancellation.