Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Singh, an Indian national who held a Student (Temporary) (Class TU) visa, subclass 573. The dispute arose from the cancellation of his visa by the Department of Immigration and Border Protection. Mr. Singh sought review of this decision, arguing that his visa should not have been cancelled.

The primary legal issue before the Tribunal was whether Mr. Singh had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. This condition requires a student visa holder to maintain enrolment in a registered course and to achieve satisfactory course progress and attendance. If a breach of this condition is found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that Mr. Singh had breached condition 8202(2) because he was not enrolled in a registered course. This was supported by his admission during the hearing and an explanatory statement submitted prior to the hearing, which indicated his enrolment had been cancelled in February 2016. While Mr. Singh provided reasons for his academic difficulties, including mental health issues and concerns about his education provider, these did not negate the fact of his non-enrolment. The Tribunal considered these circumstances in exercising its discretion regarding cancellation, but ultimately affirmed the decision to cancel the visa.