Singh (Migration)

The Administrative Appeals Tribunal (AAT) 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 centred on whether Mr. Singh was a "genuine student" as required by the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was to determine if the ground for cancellation under s 116(1)(fa)(i) of the Act, namely that Mr. Singh was not a genuine student, was made out. If this ground 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 ground for cancellation was established. Mr. Singh's study record demonstrated a pattern of cancelled enrolments due to non-commencement, unsatisfactory attendance, and non-payment of fees, with only one course completed since his arrival in Australia in December 2014. This, coupled with a significant gap in his studies and a lack of compelling need to remain in Australia, led the Tribunal to conclude he was not a genuine student. While acknowledging Mr. Singh's stated issues with drug addiction and depression, the Tribunal found these did not create a compelling need to remain in Australia, as he could address these matters in his home country.

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