Singh (Migration)

This matter concerned an appeal by Mr Singh against the cancellation of his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The Administrative Appeals Tribunal (AAT) was required to determine whether the cancellation of Mr Singh's visa was justified, considering his stated reasons for wishing to remain in Australia, including his family circumstances and desire to complete his studies.

The primary legal issue before the Tribunal was whether Mr Singh had complied with the conditions of his student visa, specifically condition 8202(2) which requires the holder to be enrolled in a registered course. The Tribunal also considered whether Mr Singh's circumstances warranted the exercise of discretion to not cancel his visa, taking into account any international obligations or the best interests of his children, and any other relevant matters he wished to raise.

The Tribunal placed low weight on Mr Singh's submissions regarding international obligations, as he himself indicated that cancellation would not breach them. While acknowledging his desire to complete his Bachelor of Business in marketing to secure a better future for his family in Australia, the Tribunal noted that these were not the primary reasons for granting a student visa. The Tribunal also considered evidence from Mr Singh's partner and her sister, who suggested he would finish his studies if given a second chance and that he had been a good influence. However, the Tribunal found that Mr Singh had not completed any higher education courses since obtaining his visa over four years prior and had not been enrolled in a registered course since February 2016, thus failing to comply with condition 8202(2).

Consequently, the Tribunal was not satisfied that Mr Singh's circumstances warranted the exercise of its discretion to set aside the cancellation. The Tribunal affirmed the decision to cancel Mr Singh's Class TU visa.