Singh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector, was cancelled. The cancellation was based on the applicant's alleged failure to maintain enrolment in a registered course, a breach of condition 8202 of the Migration Regulations 1994. The applicant sought review of this cancellation decision.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically whether they had been enrolled in a registered course of study between 12 September 2016 and 24 February 2017. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the applicant's visa.

The Tribunal found that the applicant's PRISMS record indicated that their Diploma of Hospitality finished on 11 September 2016, and they were not enrolled in any registered course of study until 24 February 2017, the date of the delegate's decision. The applicant himself acknowledged not being enrolled in any course during this period and not having undertaken any study since 12 September 2016. Consequently, the Tribunal concluded that the applicant had failed to comply with condition 8202(2) of the Regulations. In exercising its discretion regarding cancellation, the Tribunal had regard to the circumstances of the case, including the applicant's submissions which detailed personal difficulties, financial issues due to demonetisation in India, and health problems. However, the Tribunal also noted the length and significance of the breach, and the lack of any attempt by the applicant to inform the department or rectify the situation.

The Tribunal affirmed the decision to cancel the applicant's visa.