Singh (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr. Singh's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose because Mr. Singh was alleged to have breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course.

The Tribunal was required to determine whether Mr. Singh had complied with condition 8202 of his visa, specifically whether he was 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, despite the breach.

The Tribunal found that Mr. Singh had indeed not been enrolled in a registered course since February 2016, thereby breaching condition 8202(2). However, in considering the discretion to cancel the visa, the Tribunal had regard to the circumstances presented by Mr. Singh. He candidly admitted to falling into a pattern of drug and alcohol abuse, which led to his disengagement from his studies and his inability to respond appropriately to the Notice of Intention to Cancel his visa. The Tribunal accepted his full responsibility for his actions and his desire to complete his studies.

Consequently, the Tribunal set aside the decision to cancel Mr. Singh's visa and substituted a decision not to cancel it, acknowledging his remorse and the mitigating circumstances.