Singh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to the cancellation decision.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Migration Regulations 1994, specifically whether they remained enrolled in a registered course of study. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's circumstances and the purpose of their stay in Australia.

The Tribunal found that the applicant had not complied with condition 8202(2) as they had not been enrolled in a registered course of study since 15 October 2016. While the applicant provided evidence of a subsequent offer of enrolment and documentation regarding family illness, the Tribunal determined that the failure to maintain enrolment was not beyond the applicant's control and constituted a significant breach of the visa conditions, as it undermined the purpose of their stay in Australia. The Tribunal also noted that the applicant had lost their right to a hearing by failing to respond to requests for information.

Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's visa, concluding that on balance, and considering all circumstances, the cancellation was warranted.