Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, an Indian national holding a Student visa (Class TU, Subclass 572). The dispute concerned the cancellation of his visa by the Department of Home Affairs, which Mr Singh sought to have reviewed by the Tribunal. The primary ground for cancellation was Mr Singh's alleged failure to comply with condition 8202 of his visa, specifically by not being enrolled in a registered course of study.

The Tribunal was required to determine whether Mr Singh had breached condition 8202 of his visa, which mandates that a student visa holder must be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, despite the breach. The Tribunal also had to assess whether the applicant's non-enrolment was due to circumstances beyond his control or if there were any extenuating or compassionate circumstances.

The Tribunal found that the evidence, primarily from the Provider Registration and International Student Management system (PRISMS), indicated that Mr Singh had not been enrolled in a registered course since 24 March 2016. This period of non-enrolment exceeded 10 months by the time of the delegate's decision. The Tribunal applied the principle that a student visa holder must remain enrolled in a registered course, citing *Liu v MIMIA* [2003] FCA 1170, and concluded that Mr Singh had breached condition 8202. In considering its discretion, the Tribunal noted that while cancellation would lead to Mr Singh becoming an unlawful non-citizen and facing removal, it was not satisfied that the breach occurred in circumstances beyond his control or that there were sufficient extenuating or compassionate circumstances to warrant not cancelling the visa.

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