SINGH (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 573 Higher Education Sector visa. The Minister had cancelled the visa under section 116(1)(fa)(i) of the Migration Act 1958 (Cth), on the basis that the applicant was not, or was likely not to be, a genuine student. The applicant had been granted the visa on 22 May 2014 to undertake a Bachelor of Accounting at La Trobe University, commencing on 6 July 2015.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(fa)(i) of the Act was made out, and if so, whether the discretion to cancel the visa should be exercised. The legal issue revolved around whether the applicant's conduct demonstrated that he was not a genuine student, considering his academic performance and the stated reasons for his enrolment issues.

The Tribunal reasoned that the applicant had failed to complete any course of study since 30 June 2015 and had failed all subjects in semester 2 of 2016. Furthermore, he was not enrolled for semester 1, 2016, due to non-payment of fees. While acknowledging the applicant's explanation regarding his family's financial difficulties and his father's health issues, the Tribunal found that these circumstances did not satisfy him that the applicant's present purpose for residing in Australia was to study. The Tribunal considered the applicant's substantial failure to maintain enrolment in an appropriate course of study for six months as a significant breach of his visa conditions, and therefore concluded that the ground for cancellation existed and the discretion to cancel the visa should be exercised.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.