SINGH (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, who sought to have the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), reviewed. The applicant's visa had been cancelled on the grounds that he was not enrolled in a registered course of study, a breach of condition 8202 of the Migration Regulations 1994. The matter was before the Tribunal following a remittal from the Federal Circuit Court.

The primary legal issue before the Tribunal was whether Mr Singh had complied with condition 8202 of his visa, specifically the requirement to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's submissions and relevant government policy guidelines. The applicant argued that extenuating circumstances, including the April 2015 Nepal earthquake and subsequent financial and mental health issues, should lead to the cancellation decision being set aside.

The Tribunal found that Mr Singh had not been enrolled in a registered course since 1 May 2015, and therefore had breached condition 8202(2) of his visa. While acknowledging the applicant's submissions regarding the impact of the Nepal earthquake, the Indian blockade, and his subsequent mental and financial distress, the Tribunal concluded that these circumstances did not outweigh the finding of a breach. The Tribunal considered the factors outlined in the Department's Procedures Advice Manual, including the purpose of the visa, hardship, compliance history, and the circumstances of the breach, but ultimately determined that the visa cancellation should be affirmed.