SINGH (Migration)

This matter concerned an application for review of a decision to cancel the first named applicant's Student (Temporary) (Class TU) Subclass 572 visa. The applicant had been found not to be enrolled in a registered course, thereby failing to comply with condition 8202(2) of the Migration Regulations 1994. The Tribunal was required to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's submissions and relevant government policy guidelines.

The primary legal issue before the Tribunal was whether the applicant had complied with visa condition 8202(2), which mandates enrolment in a registered course. If non-compliance was found, the Tribunal then had to determine whether to exercise its discretion to cancel the visa, considering any hardship submissions and policy considerations. The Tribunal also had to address the jurisdiction concerning other applicants, which was found to be absent.

The Tribunal found that, based on the evidence before it, the applicant was not enrolled in a registered course and had therefore not complied with condition 8202(2). While the applicant later provided evidence of enrolment and academic achievements, and attributed non-compliance to the actions of a former migration agent, the Tribunal made adverse credibility findings. It concluded that the applicant was not a genuine student, would not face significant hardship if the visa remained cancelled, and that the grounds for non-compliance were unreliable. The Tribunal also found that previously submitted Tribunal decisions were not substantially relevant to the present application.

The Tribunal affirmed the decision to cancel the first named applicant's visa, finding that the grounds for cancellation outweighed any factors in the applicant's favour, including the adverse impact on other applicants. The Tribunal stated it had no jurisdiction with respect to the other applicants.