Singh (Migration)

This matter concerned an appeal by Mr Singh against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had been granted the visa on 10 June 2014 and had not completed any higher education courses in the subsequent four and a half years. Furthermore, he had not been enrolled in a registered course of study since 7 April 2016, leading to a finding that he had breached condition 8202(2)(a) of the Migration Regulations 1994. The Tribunal considered whether any international obligations, including non-refoulement and the best interests of children, would be breached by the cancellation, but found no indication that such breaches would occur. The applicant also indicated he had no further matters to raise.

The legal issue before the Tribunal was whether the cancellation of Mr Singh's visa was justified, given his failure to complete any higher education courses and his prolonged period of non-enrolment. The Tribunal was required to determine if the circumstances leading to this non-compliance were exceptional and whether any other relevant matters warranted a different outcome. The Tribunal also considered the applicant's compliance with condition 8202(2)(a) of the Migration Regulations 1994, which mandates enrolment in a registered course for holders of this visa subclass.

The Tribunal reasoned that the applicant had not complied with condition 8202(2)(a) by failing to be enrolled in a registered course since April 2016 and by not completing any higher education courses in over four years. It found that the circumstances leading to this non-compliance were not exceptional. After considering all matters, including the lack of any indication of international obligation breaches and the applicant's statement that he had no further matters to raise, the Tribunal concluded that the visa cancellation was appropriate. Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 573 Higher Education Sector visa.