SINGH (Migration)

This matter concerned an application to review the cancellation of the applicant's Subclass 573 Higher Education Sector visa. The applicant had not been enrolled in a registered course between 6 April and 18 November 2016, which constituted a breach of condition 8202 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant had breached this condition and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had indeed breached condition 8202(2) of the Migration Regulations 1994 by failing to be enrolled in a registered course. The applicant did not dispute this fact. In considering the exercise of discretion to cancel the visa, the Tribunal had regard to the applicant's original intention to study in Australia, his stated desire to complete a degree for future employment, and the presence of his wife and child in Australia. However, the Tribunal found that the applicant had not demonstrated a compelling need to remain in Australia, nor had he provided specific details of his future plans or the necessity of obtaining a Bachelor degree.

While acknowledging the applicant's compliance with other visa conditions, the Tribunal concluded that the grounds for cancellation under s.116(1)(b) of the Act were met. After considering all relevant circumstances, the Tribunal determined that the visa should be cancelled. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.