Singh (Migration)

This matter concerned an appeal by Mr. Singh against the cancellation of his Student (Temporary) (Class TU) Subclass 500 visa. The visa was cancelled by a delegate of the Minister on the grounds that Mr. Singh had breached condition 8202 of Schedule 8 to the Migration Regulations, which requires a student visa holder to be enrolled in a registered course. The Tribunal was required to determine whether Mr. Singh had indeed breached this condition and, if so, whether to exercise its discretion to cancel the visa.

The central legal issue before the Tribunal was whether Mr. Singh had complied with condition 8202 of his student visa. This condition mandates that students must remain enrolled in a registered course. The evidence presented indicated that Mr. Singh's enrolment in a Master of Information Technology at James Cook University was cancelled on 17 July 2017 due to non-payment of fees, a fact he conceded. He had been notified of the cancellation of his enrolment on 23 May 2017 and had not appealed this decision. Consequently, he had not been enrolled in a registered course since that date.

The Tribunal found that Mr. Singh had not complied with condition 8202, as he was not enrolled in a registered course. Having established this breach, the Tribunal then considered its discretion to cancel the visa. While no specific matters are mandated for consideration in exercising this discretion, the Tribunal had regard to the submissions made by Mr. Singh, including his academic performance (failing subjects in both trimesters he attended) and the financial hardship his family experienced due to his father's illness and medical expenses. Despite these mitigating factors, the Tribunal affirmed the delegate's decision to cancel the visa.