SINGH (Migration)

This matter concerned an application to review the cancellation of the applicant's Subclass 573 Higher Education Sector visa. The applicant had been enrolled in a registered course of study in Australia but had not been enrolled for a period exceeding twelve months. The Minister, through the delegate, had cancelled the applicant's visa under section 116(1)(b) of the Migration Act 1958 (Cth) for failing to comply with a condition of the visa, specifically the requirement to be enrolled in a registered course.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. The applicant did not dispute that he had not been enrolled in a registered course for over twelve months, thereby satisfying the ground for cancellation under section 116(1)(b). The central issue then became whether the Tribunal should exercise its discretion to affirm the cancellation, considering the applicant's personal circumstances.

The Tribunal considered the applicant's submissions regarding his physical injuries from a shoulder and arm injury and a subsequent car accident, which prevented him from attending classes and concentrating on his studies. The applicant also cited his father's serious medical condition and surgery, which impacted his financial support and caused him significant stress. Despite these circumstances, the Tribunal noted the lack of medical reports to substantiate the twelve-month gap in study and found that the applicant's father's health issues, while significant, did not provide a sufficient basis to override the visa condition. The Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.