Singh (Migration)

The applicant, Mr. Singh, sought review of the decision to cancel his Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa. The cancellation was based on the applicant's alleged failure to comply with visa condition 8202, specifically by not being enrolled in a registered course of study since September 2017. The applicant contended that his prolonged depression, stemming from personal tragedies and the separation from his wife, had impacted his ability to study and maintain his visa status, and expressed a desire to pursue vocational training in auto mechanics.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course or, in limited circumstances, a full-time course of study or training, and to maintain satisfactory course progress and attendance. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) as his PRISMS records indicated his last enrolment was cancelled in September 2017 due to unsatisfactory course progress, and he admitted to not being enrolled in a registered course since that date. Despite acknowledging the applicant's stated mental health struggles and his desire to retrain as a mechanic, the Tribunal concluded that these circumstances did not outweigh the established breach of the visa conditions. The Tribunal noted that the proposed auto-mechanic course could be pursued in the applicant's home country and that the applicant had not demonstrated a compelling reason to remain in Australia for this purpose, particularly given his prolonged period of non-enrolment.

Consequently, the Tribunal affirmed the decision to cancel Mr. Singh's visa.