Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute centred on whether Mr. Singh had breached condition 8105 of Schedule 8 to the Migration Regulations 1994, which limits the work hours for student visa holders.

The Tribunal was required to determine if Mr. Singh had complied with condition 8105, which prohibits engaging in work in Australia before a course of study commences and limits work to no more than 40 hours per fortnight once the course is in session, with specific exceptions. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Mr. Singh had breached condition 8105 by working in excess of 40 hours per fortnight on eight separate occasions over a five-month period. This finding was based on payslips and timesheets, which were not disputed by Mr. Singh or his representative. In considering the discretion to cancel the visa, the Tribunal noted that Mr. Singh had not completed any academic qualifications despite being in Australia for an extended period and had worked extensive hours during his course of study. While acknowledging that visa cancellation would prevent him from continuing his studies, the Tribunal gave this factor less weight given the prolonged non-compliance.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Singh's visa, concluding that the circumstances as a whole warranted cancellation.