Singh (Migration)

The Administrative Appeals Tribunal considered a case involving Mr. Singh, who sought review of the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The ground for cancellation was that Mr. Singh was not enrolled in a registered course, a failure to meet a condition of his visa. The Tribunal was required to determine whether this ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was established, as Mr. Singh was not enrolled in a registered course. This ground did not mandate cancellation under s 116(3). Consequently, the Tribunal proceeded to consider whether to exercise its discretion to cancel the visa. In doing so, it had regard to the applicant's circumstances, including his purpose for being in Australia, his need to remain, and the potential hardship cancellation might cause.

The Tribunal noted that Mr. Singh's parents had stopped paying his tuition fees, and he had not explored options to continue his studies in India or with his current institution despite knowing his visa was at risk. His claims of suffering and confusion were unsupported by evidence. While he had a girlfriend in Australia, she was not a permanent resident and was considering migrating elsewhere. His part-time Uber employment was not considered a factor that would cause hardship if he had to leave. The Tribunal concluded that Mr. Singh did not have a compelling need to remain in Australia and that the potential hardship to him or his girlfriend if he departed did not warrant the grant of a visa.

Accordingly, the Tribunal affirmed the decision to cancel Mr. Singh's visa.